Patna High CourtCR. MISC./63881/2021rejected

Lalit Kumar v. The State Of Bihar

2022-12-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63881 of 2021 Arising Out of PS. Case No.-167 Year-2021 Thana- SONBERSA District- Sitamarhi ====================================================== LALIT KUMAR S/o Vikau Mahto R/o Vill- Bela, P.S.- Sonbarsa, DistSitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 302, 120B and 34 of the IPC and 27 of the Arms Act.

Allegedly, three motorcycle borne miscreants fired indiscriminately at informant's husband who died on the spot. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The petitioner is a minor and aged about 14 years. The petitioner is not named in the FIR. He has been made accused in the case on the basis of the confessional statement of the co-accused Vivek Mehto.

Patna High Court CR. MISC. No.63881 of 2021(3) dt.12-12-2022 2/2 There is no overt act against the petitioner. Nothing has been recovered from the possession of the petitioner. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the apprehended co-accused disclosed the name of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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