Petitioner sought anticipatory bail apprehending arrest in a robbery and assault case. Bench rejected petition as petitioner was considered a member of the syndicate involved in looting the informant.
Prayer for anticipatory bail rejected as petitioner is a member of the syndicate and not a suitable candidate for bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1969 of 2022
Arising Out of PS. Case No.-315 Year-2021 Thana- JOKIHAT District- Araria
======================================================
DARWAN @ DARBAN ALI Son of Taslim Resident of Village- Rahitola Sisauna, P.S.- Jokihat, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Dilip Kumar No.1, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 14-07-2022 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 apprehend his arrest in a case registered for the offence punishable under sections 392, 397 of the Indian Penal Code.
The allegation against the petitioner is that he has indiscriminately assaulted on the head as well as hand of informant by means of dagger and also looted cash from the informant’s side.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.1969 of 2022(2) dt.14-07-2022 2/2
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 allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that the petitioner is not named in the F.I.R. and his name came during the investigation. The petitioner has not been apprehended on the spot and has no concern with the co-accused persons. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the petitioner is a member of the syndicate who has looted the articles from the informant, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
This application is accordingly, dismissed.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether the prayer for anticipatory bail in a case involving robbery and assault under Section 392 and 397 IPC should be granted.
Whether the petitioner, alleged to be a member of a syndicate who looted the informant, warrants rejection of bail.
Darwan @ Darban Ali
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
