Birju Dom v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25042 of 2024 Arising Out of PS. Case No.-429 Year-2020 Thana- RAJGIR District- Nalanda ====================================================== Birju Dom S/o Durga Dom R/o Doman Toli, Bari Milkhi, Tilha Par, P.S. - Rajgir, Distt. - Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Choudhary For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in Rajgir P.S. Case No. 429 of 2020 registered for the offences punishable under Sections 147, 148, 149, 307, 385, 326, 323, 324, 325, 427, 504, 506 of the Indian Penal Code.
3. The petitioner along with other co-accused persons are said to have assaulted innocent people, who came in front of them, by means of lathi danda.
4. 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 the F.I.R. was lodged in 2020 and the petitioner moved for
Patna High Court CR. MISC. No.25042 of 2024(3) dt.18-09-2024 2/2 anticipatory bail in year 2024. He further submits that the petitioner is residing out of Bihar, therefore, he has no knowledge about the present F.I.R. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order, considering the fact that the petitioner has no criminal antecedent.
(Anjani Kumar Sharan, J) anand/- U T