Nathu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16860 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== NATHU RAM, S/o Late Lalbahadur Ram, Resident of Village- Bariyariya, P.S.- Sangrampur, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Govind Sharma, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2020 Heard the parties through virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 354, 379, 302, 504 of the Indian Penal Code. Allegation against the petitioner and other accused persons is of assaulting the husband of the informant due to this who died.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is general and omnibus allegation against the petitioner. There is no specific overact allegation against the petitioner, except the family members of the informant supported the prosecution case. He further submits that the contents available in the case diary no independent witnesses have supported the case of prosecution. There is general and omnibus allegation of assault

Patna High Court CR. MISC. No.16860 of 2020(3) dt.15-09-2020 2/2 to the son of the informant against all the co-accused named in the FIR. The petitioner has got clean antecedent. Learned APP for the State opposes the prayer for bail petition of the petitioner.

I have gone through the records and case diary, the supervision notes and other witnesses have supported the prosecution case.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Sangrampur P.S. Case No. 230 of 2019 from the Court of learned A.C.J.M.-14th, Motihari, East Champaran. Accordingly, the application is dismissed.

However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) amitkumar/- U T