Prabhu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13269 of 2023 Arising Out of PS. Case No.-555 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== PRABHU KUMAR Son of Rajdeo Ram R/v- Pipra (Vajid), P.S.- Dhaka, District- East Champaran, presently residing at Village- Hasanpur Bairiya, P.S.- Kundawa Chainpur, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mrs. Madhuri Lata Mrs. Binod Kumar Singh Mrs. Alka Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-05-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Ghorasahan P.S. Case No.555 of 2021, registered for the offence punishable under Sections 147, 148, 149, 302, 120B, 506 of the Indian Penal Code and 27 of Arms Act.
The allegation against the petitioner is that he opened fire on the head of the deceased namely, Ramesh Das due to which he died on the spot.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have 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 levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.13269 of 2023(2) dt.12-05-2023 2/2 omnibus in nature. He fairly submitted that process under section 82 and 83 of Cr.PC has been completed against the petitioner. 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, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today, and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T