This order rejects a petition for anticipatory bail filed by the petitioner, who was falsely implicated in a looting case. The court declined to enlarge the petitioner on bail given the nature of allegations and opposition by the State.
The prayer for bail on his behalf is rejected and the application is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15860 of 2022
Arising Out of PS. Case No.-87 Year-2018 Thana- RAJAPAKAR District- Vaishali
======================================================
MANAGER RAI Son of Manohar Rai Resident of Village- Terasia, P.S.Ganga Bridge, District- Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 11-08-2022
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 379/384 IPC and later on charge sheet was submitted u/s 392/412 of the IPC.
Allegedly, the van of the informant has been looted by some miscreants, where after they threw the informant from the vehicle after tying his hands and feet.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has
Patna High Court CR. MISC. No.15860 of 2022(2) dt.11-08-2022 2/2
been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The FIR has been lodged against unknown and name of petitioner transpired in this case on the confessional statement of co-accused Dhannu Rai, recorded in connection with another case. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has two criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is involved in the alleged offence and he is a member of the syndicate who are involved in looting the people.
Having regard to the facts and circumstances of the case, considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for bail on his behalf is rejected. This application is accordingly dismissed.
(Anjani Kumar Sharan, J)
pallavi/-
U T
1 issue framed by the court
Whether to grant anticipatory bail in a case alleging looting under Sections 379, 384, 392, 412 IPC.
MANAGER RAI
THE STATE OF BIHAR
ANJANI KUMAR SHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
