Amol Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78186 of 2024 Arising Out of PS. Case No.-144 Year-2021 Thana- PRATAPGANJ District- Supaul ====================================================== Amol Bharti S/O Sukhdev Yadav R/O- Vill- Tintolia P.S- Pratapganj DistSupaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr. Raj Kishor Singh, Adv.

For the Informant :

Mr. Sabal Kr. Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-01-2025 Heard the parties.

2.The accused/petitioner is not named in the F.I.R. and apprehending his arrest in connection with Pratapganj P.S. Case No. 144 of 2021 registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code alongwith 27 of the Arms Act.

3. The allegation against petitioner is to found involved in murder of the brother of informant along with other co-accused persons.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the name of petitioner

Patna High Court CR. MISC. No.78186 of 2024(2) dt.18-01-2025 2/3 transpired during the course of investigation on the basis of confessional statement of co-accused Deepak Kumar and Ujjawal Kumar where till now nothing incriminating appears surfaced as to suggest involvement of this petitioner with crime in issue. It is further pointed out that petitioner found involved in two more criminal cases where he is on bail.

5. Learned APP duly assisted by Mr. Sabal Kr. Jha, learned counsel for the informant, while opposing the prayer of bail submitted that the petitioner was the head of the Block, where as the deceased was the deputy head and out of local political enmity after hatching conspiracy, the present murder was committed. It is submitted that this fact surfaced during investigation and subsequently pointed out by the informant in para 11 of the case diary. It is also pointed out that petitioner is a man of criminal antecedents.

6. Considering the aforesaid facts and circumstances as petitioner is a man of criminal

Patna High Court CR. MISC. No.78186 of 2024(2) dt.18-01-2025 3/3 antecedent where prima-facie political enmity as submitted cannot be ruled out at this stage where investigation of this case is still pending, accordingly, the prayer of anticipatory bail of the petitioner stands rejected herewith.

(Chandra Shekhar Jha, J) Sudha/- U T