Lal Mohan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51301 of 2018 Arising Out of PS.Case No. -202 Year- 2017 Thana -EKANGARSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Lal Mohan Prasad Son of Late Ramnandan Prasad resident of VillageBarhari Bigha, P.S. Okari, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302, 147, 148, 149, 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that in the night, the informant witnessed three persons armed with weapon and heard sound of cry from side of the room. When the informant went there, he saw his father in unconscious state oozing blood from body. The informant's father was dead.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.51301 of 2018 (3) dt.25-10-2018 petitioner has been falsely implicated in the present case due to property dispute. There is no eye witness to the alleged occurrence. No specific overt act has been attributed against the petitioner.

On behalf of the State and the informant, it is submitted that the petitioner is named in the Complaint Case/F.I.R. The petitioner was seen fleeing away from the place of occurrence in torch light by the informant. The said statement of the informant has been corroborated by number of witnesses in course of investigation. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Ekangarsarai P.S. Case No. 202 of 2017 is rejected.

(Sudhir Singh, J) A.K.V./- U T