Upendra Kumar @ Ranjit Kumar @ Chotu @ Chotu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1765 of 2022 Arising Out of PS. Case No.-243 Year-2021 Thana- DULHIN BAZAR District- Patna ====================================================== Upendra Kumar @ Ranjit Kumar @ Chotu @ Chotu Singh Son Of Binda Singh R/O- Ghoratap, P.S.- Dulhin Bazar, District- Patna ... ... Appellant/s
Versus
1.
The State of Bihar 2.
Bajarangi Ram Son Of Late Ram Ayodhya Ram R/O- Chandi, P.O.- Narahi Chandi, P.S.- Chandi, District- Bhojpur (Arrah), Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Prince Kumar Mishra For the Respondent/s :
Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-11-2022 Heard learned counsel for the appellant, informant and learned Special P.P for the State. The appellant has challenged the order dated 22.04.2022 passed by learned Special Judge, SC/ST, Patna in connection with Dulhin Bazar P.S. Case No. 243 of 2021 instituted for the offences punishable under Sections 302, 201, 120(B), 34 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(1)(r), 3(2)(va) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected.
Patna High Court CR. APP (SJ) No.1765 of 2022(3) dt.10-11-2022 2/3 It is a case of commission of murder of the brother of the informant by shot fire by the appellant and other accused persons.
It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is no specific accusation against the appellant that he shot fire due to which the victim succumbed to the injuries.
In contra, learned counsel appearing on behalf of the informant and learned Special P.P for the State have vehemently opposed the prayer for anticipatory bail of the appellant and submitted that appellant was named in the F.I.R and he was also involved in the commission of murder of the victim. The witnesses during investigation have supported the prosecution case and the postmortem report also corroborates the prosecution case.
In the facts and circumstances of the case, the impugned order is sustainable and this Court is not
Patna High Court CR. APP (SJ) No.1765 of 2022(3) dt.10-11-2022 3/3 inclined to grant privilege of anticipatory bail to the appellant.
The prayer for grant of anticipatory bail to the appellant stands rejected.
Hence, the instant appeal stands dismissed.
(Sunil Kumar Panwar, J) Shageer/- U T