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Patna High CourtCR. MISC./22231/2023dismissed

Ram Kishore Prasad v. The State Of Bihar

2023-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22231 of 2023 Arising Out of PS. Case No.-222 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== RAM KISHORE PRASAD S/o Jaganath Prasad @ Jagarnath Bhagat Resident of village-Sonoul, P.S.-Rajepur, District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Rajepur P.S. Case No. 222 of 2018 registered for the offences punishable under Sections 302/120(B)/34 of the Indian Penal Code pending in the Court of learned C.J.M., Motihari.

As per the prosecution case, allegation against the petitioner is that he along with other accused persons, under criminal conspiracy, have committed murder of the father 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.22231 of 2023(3) dt.03-07-2023 2/2 there is eye-witness in the present case, only on the basis of suspicion the petitioner is made accused in the present case. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner under criminal conspiracy have committed murder of the father of the informant.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T