Mandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84601 of 2023 Arising Out of PS. Case No.-678 Year-2022 Thana- BIHTA District- Patna ====================================================== Mandeep Kumar Son Of Gopal Ray R/O- Amnabad, P.S.- Bihta, Distict-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kr. Arya, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard Mr. Mithilesh Kumar Arya, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Bihta P.S. Case No. 678 of 2022 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned A.C.J.M.-1st, Danapur, (Patna).
3. As per the prosecution case, the petitioner along with other co-accused is said to have fired upon the deceased.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.84601 of 2023(2) dt.12-01-2024 2/2 there is no eye-witness in the present case, only on the basis of suspicion petitioner has been made accused in the present case. The petitioner has three criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.
6. Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T