Justice Anjani Kumar Sharan rejected an anticipatory bail application. The bench expressed difficulty in identifying the main accused and directed the petitioner to surrender within six weeks to seek regular bail.
Prayer for anticipatory bail rejected. Petitioner directed to surrender within six weeks to seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12510 of 2021
Arising Out of PS. Case No.-120 Year-2020 Thana- JALALGARH District- Purnia
======================================================
SHIV CHARAN RISHI Son of Durganand Rishi Resident of Harchandrapur, P.S.- Jalalgarh, Distt- Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim For the Opposite Party/s : Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
6 16-08-2022
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in Jalalgarh P.S. Case No. 120 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354 A, 354B, 385, 504 and 506 of the Indian Penal Code pending in the Court of learned S.D.J.M., Purnea.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been
Patna High Court CR. MISC. No.12510 of 2021(6) dt.16-08-2022 2/3
falsely implicated in this case due to dirty village politics. As a matter of fact, co-accused, Anchan Devi, who is wife of the petitioner, is Sarpanch of the Panchayat and the mother of the informant is Ward Member and there are political dispute among them and for that reason this false and fabricated case has been lodged. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State vehemently opposing the bail petition submitted that the prayer for anticipatory bail of one of the co-accused, namely, Shiv Charan Rishi @ Shiv Narayan Rishi and another has already been rejected by this Court vide order dated 10.01.2022, hence, the petitioner also does not deserve anticipatory bail.
Considering the facts and circumstances of case as also the fact that it is difficult to understand who is main accused, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below
Patna High Court CR. MISC. No.12510 of 2021(6) dt.16-08-2022 3/3
would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving serious offences under the IPC where there are allegations of false implication due to political dispute.
2 provisions across 2 enactments
Shiv Charan Rishi
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
