Ramesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34744 of 2021 Arising Out of PS. Case No.-269 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Ramesh Sharma S/O Pradeep Sharma R/O Village-Lahladpur, P.S-Patepur, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 307/34 of the Indian Penal Code. Later on Section 302 I.P.C was also added. The prosecution case as per F.I.R is that on 25.12.2020, the informant was in his house. In the meantime, all the accused persons including the petitioner came armed with weapon and assaulted the informant on his head by means of lathi, danda and iron rod causing head injuries to him. The informant

Patna High Court CR. MISC. No.34744 of 2021(4) dt.17-10-2022 2/3 subsequently succumbed to the injuries.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner,. The informant himself is a drinker and used to get injured himself. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the deceased himself has lodged the present F.I.R and specifically alleged the complicity of this petitioner in his assault. The witnesses have also supported the prosecution case. The postmortem report also suggests the cause of death due to injuries.

In the facts and circumstances of the case, this Court is not inclined to enlarge the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.34744 of 2021(4) dt.17-10-2022 3/3 The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) Shageer/- U T