Babloo Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16087 of 2023 Arising Out of PS. Case No.-284 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== BABLOO PRASAD Son of Bindeshwar Prasad R/V- narayanpur P.Sislampur Dist- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar For the Opposite Party/s :
Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Islampur P.S. Case No. 284 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 427, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned Additional Cheif Judicial Magistrate, Hilsa (Nalanda).
As per the prosecution case, the petitioner is said to have fired gun shot upon son of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.16087 of 2023(3) dt.22-06-2023 2/2 there is land dispute between the parties.
Learned APP for the State vehemently opposing the bail petition submitted that there is specific overt act against the petitioner.
However, it appears from perusal of the impugned order that petitioner has criminal antecedent, although in para-3 of the bail petition, it is stated that he has no criminal antecedent. As such, petitioner has unsuccessfully tried to suppress the criminal antecedent.
As petitioner has tried to suppress his criminal antecedent, I am not inclined to grant him privilege of anticipatory bail.
Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T