Prabhakar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4030 of 2023 Arising Out of PS. Case No.-46 Year-2021 Thana- SAHPUR District- Bhojpur ====================================================== Prabhakar Tiwari Son Of Kashinath Tiwari Resident Of Village- Barisawan, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Shahpur P.S. Case No. 46 of 2021 registered for the offences punishable under Section 386, 387 and 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.
As per prosecution case, petitioner along with other co-accused persons abused and assaulted the workers/engineers of the informant, on the point of pistol threatened to kill them and demanded Rangdari. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the
Patna High Court CR. MISC. No.4030 of 2023(2) dt.27-03-2023 2/2 petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is made accused in the present case on the basis of video clip and the allegation against the petitioner is that he had demanded the Rangdari. He submits that petitioner has got one criminal antecedents as mentioned in para-3 of the bail application.
Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.
Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Shahpur P.S. Case No. 46 of 2021. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T