Rajesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29585 of 2025 Arising Out of PS. Case No.-798 Year-2024 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Rajesh Prasad S/o Sri Murahu Prajapati @ Murahu Prasad Resident of village- Dandwas, P.O.- Mujan, P.S.- Mohania, Distt.- Kaimur at Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kaushal Kumar, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109(1), 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, assaulted informant and two of his associates as a result of which they sustained injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, on the alleged date and time of occurrence, measurement of land for construction of government building was going on and informant of this case
Patna High Court CR. MISC. No.29585 of 2025(2) dt.16-07-2025 2/2 and his family members obstructed the measurement and assaulted Government Officials for which a case bearing Mohania P.S. Case No. 797 of 2024 was registered and in retaliation, this false and concocted case has been lodged. Allegation of assault is general and omnibus and there is no specific accusation of overt act against petitioner.
5. However, learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner has got five criminal antecedents and he is alleged to have obstructed and assaulted government officials.
6. Considering the nature of accusation and criminal antecedents, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T