← Library
Patna High CourtCR. MISC./83600/2019dismissed

Manoj Bhuiya @ Manoj Bharti @ Manoj Bhuiyan @ Manoj Kumar v. The State Of Bihar

2020-02-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83600 of 2019 Arising Out of PS. Case No.-70 Year-2012 Thana- IMAMGANJ District- Gaya ====================================================== Manoj Bhuiya @ Manoj Bharti @ Manoj Bhuiyan @ Manoj Kumar, aged about 24 years, Gender- Male, Son of Somar Bhuiya @ Somar Bharti, Resident of Village-Jhopar Asthan, Pakri Gurya, P.S.-Imamganj, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Imamganj P.S. Case No. 70 of 2012 registered for the offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code, Section 27 of the Arms act and Section 17 of C.L.A. Act.

As per the prosecution story, son of the informant was murdered and it is alleged by the informant that petitioner along with other Maoist have killed alleging him spy of police. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to bad village politics and nobody has seen the

Patna High Court CR. MISC. No.83600 of 2019(3) dt.14-02-2020 2/2 petitioner at the place of occurrence. He further submits that the petitioner is a totally handicap person and unable to perform his physical work without any support of another person. I have perused the records.

In the present case, F.I.R. has been lodged in the year 2012 and now the petitioner has filed the said anticipatory bail petition in the year 2019.

In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected. However, the petitioner is directed to surrender before the court below and the learned court below disposed of the same on the same day without being prejudiced by this present order.

(Anjani Kumar Sharan, J) Nasimul/- U T