Anil Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29892 of 2024 Arising Out of PS. Case No.-125 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Anil Harijan Son of Kilo @ Lalo Harijan Resident of Village- Jangal Tola, P.S.- Rupauli (Mohanpur), Dist.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh, Adv For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rupauli (Mohanpur) P.S. Case No. 125 of 2023 lodged on 07.05.2023 under Section 147/148/149/302/386/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, F.I.R. has been lodged against nine named accused persons including the present petitioner against whom there is allegation of demanding ransom and upon denial, they fired gun shot upon the informant's brother due to which he died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that there is general and omnibus allegation made in the F.I.R.. He also submits that two accused persons have

Patna High Court CR. MISC. No.29892 of 2024(2) dt.15-05-2024 2/2 been granted bail by the co-ordinate Bench of this Court vide order dated 13.10.2023 passed in Cr. Misc. No. 65371 of 2023 and vide order dated 09.10.2023 passed in Cr. Misc. No. 70718 of 2023. Counsel further submits that the criminal antecedent of the petitioner is not clean and there are five cases pending against him in which he is on bail. The petitioner is in custody since 29.05.2023.

5. Learned APP for the State opposes the prayer for bail and submits that those two persons who have been granted bail did not have any criminal antecedent whereas the present petitioner has 5 criminal antecedents and this aspect must be taken into consideration at the time of granting bail.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the bail application of the petitioner is hereby rejected.

7. Trial Court is directed to conclude the trial within one year.

(Dr. Anshuman, J) Sunnykr/- U