Akhilesh Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44645 of 2024 Arising Out of PS. Case No.-139 Year-2021 Thana- KARAI PARSURAI District- Nalanda ====================================================== Akhilesh Gope Son of Rambali Gope R/O Village- Soudh Bigha, P.S.- Karai Parsurai, Dist.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Karai Pasurai P.S. Case No.139 of 2021, registered for the offence punishable under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code and Section 27 of Arms Act. 3.

The allegation against the petitioner is that he alongwith other co-accused persons armed with pistol surrounded the father of the informant. Pramindra Gope and Satyendra caught hold the hand of father of the informant and upon a motorcycle three accused persons including the petitioner came there and on the order of co-accused Rajiv Kumar, petitioner fired upon the chest of the informant's father as a result of which he died. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.44645 of 2024(2) dt.02-08-2024 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent in similar nature of offence.

5.

Learned APP for the State opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioner to fire upon the deceased. 6.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T