Ramu Kumar @ Shrikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42162 of 2021 Arising Out of PS. Case No.-196 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.
RAMU KUMAR @ SHRIKANT KUMAR S/o Balram R/o villageMadhopur Amwa, P.S.- Majhaulia, Distt.- West Champaran 2.
Dharmendra Sah S/o Sonelal Sah R/o village- Jaga Pakar, P.S.- Areraj, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma,Adv.
For the Opposite Party/s :
Mrs.Meena Singh,APP Mrs.Rashmi Jha,Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2022 Heard learned counsel for the parties.
The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 307/34 of the Indian Penal Code.
As per the prosecution case, on 25.04.2020, while the informant was returning from Motihari and reached near south pool of Katha village, the F.I.R. named accused persons including petitioners stopped him and threw him down from the bridge, as a result of which, he sustained grievous injury. It is submitted on behalf of petitioners that due to old enmity, petitioners have been falsely implicated in this case. This is inordinate delay of 19 days in lodging the F.I.R. and injury report does not corroborate the allegation made in the
Patna High Court CR. MISC. No.42162 of 2021(4) dt.03-08-2022 2/2 F.I.R.
However, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that there is specific and direct allegation against accused including petitioners that they threw the informant down from the bridge, due to which, the informant sustained injury, which is grievous in nature.
Considering the aforesaid facts and circumstances, I am not inclined to extend the privilege of anticipatory bail to the petitioner and same is, accordingly, rejected. (Prabhat Kumar Singh, J) anay/- U T