Anticipatory bail plea by a petitioner fearing arrest in a case involving IPC Sections including 307 and 302. Counsel cited false implication, land dispute and absence of overt act; the State opposed citing case diary witnesses and postmortem findings. The court declined bail and rejected the prayer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55632 of 2022
Arising Out of PS. Case No.-219 Year-2021 Thana- MANIGACHI District- Darbhanga
======================================================
Abhijit Jha @ Abhijit Kumar Jha Son Of Late Varun Jha R/V- Rasidpur, P.SBahera Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha For the Opposite Party/s : Mr.Lalan Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioner and learned
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case due to personal grudge, previous enmity and land dispute. He submits that the petitioner has no hand in the alleged incident. He submits that no case under Section 307 and 302 of the IPC is made out against the petitioner and rest of the offence are bailable in nature. He submits that no incriminating article has been found from the possession of the petitioner. He submits
that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as
Patna High Court CR. MISC. No.55632 of 2022(2) dt.19-12-2022 2/2
stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail and submits that the witnesses of the case diary have supported the prosecution case. He submits that the police prepared inquest report of the deceased in which the police found injuries on the head and other parts of the body of the deceased. In the postmortem report, the doctor who conducted postmortem examination, stated that injuries were found on the parietal and occipital region of the head of the deceased.
Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Manigachhi (Wajitpur OP) P.S. Case No. 219 of 2021.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner apprehending arrest in a murder and attempt-to-murder case should be enlarged on anticipatory bail.
1 provisions across 1 enactments
Abhijit Jha @ Abhijit Kumar Jha
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
