The Patna High Court rejected an application for anticipatory bail. The petitioner, a member of a syndicate accused of robbery, argued false implication. The court granted bail only upon urti removal of defects.
Application for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2184 of 2022
Arising Out of PS. Case No.-315 Year-2021 Thana- JOKIHAT District- Araria
======================================================
MD. AWESH @ AWESH @ ABSHESH Son of Salim Resident of VillageRahitola 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, Adv For the Opposite Party/s : Mr. H.A. Khan, 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 along with others 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.2184 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
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing charges for robbery.
MD. AWESH @ AWESH @ ABSHESH
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
