Pramod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43635 of 2024 Arising Out of PS. Case No.-1031 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Pramod Prasad Son of Puneshwar Prasad R/O Vill.- Selari, P.S.- Barachatti, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Anish Chandra, A.P.P.

For the Informant :

Mr.Arvind Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Barachatti P.S. Case No. 1031 of 2023 registered for the offences punishable under Sections 304, 323, 447, 504, 34 of the Indian Penal Code.

3. As per prosecution case, petitioner and others are said to have assaulted the informant's father by means of lathi and danda as a result of which informant's father sustained injury on his forehead and nose. It is alleged that when the informant's father was taken Primary Health Centre, Barachatti for treatment, doctor declared him died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.43635 of 2024(2) dt.20-07-2024 2/2 there is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. Petitioner is innocent and has committed no offence as alleged in the FIR. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioner and submits that petitioner and others are said to have assaulted the informant's father by means of lathi and danda as a result of which he sustained injury on forehead and nose on account of which informant's father died which is quite evident from the inquest report of deceased.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner coupled with inquest report as well as material available on record, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected.

(Alok Kumar Pandey, J) alok/- U T