Surya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19770 of 2021 Arising Out of PS. Case No.-748 Year-2020 Thana- FATUA District- Patna ====================================================== SURYA PRAKASH SON OF OM PRAKASH RESIDENT OF VILLAGEBANKIPUR, MACHARIYAWA, P.S.- FATUHA, DISTRICT- PATNA. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Babu For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehend arrest in connection with Fatuha P.S. Case No. 748 of 2020 registered for the offence punishable under section 307 and other allied sections of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case due to previous enmity. Both sides are next door neighbours and some altercation took place on a petty dispute. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.19770 of 2021(7) dt.18-04-2022 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in the first information report and there is direct allegation of assault against him which is supported by the injury report. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T