Ashok Kumar @ Mantu @ Ashok Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52585 of 2021 Arising Out of PS. Case No.-163 Year-2021 Thana- BIHIA District- Bhojpur ====================================================== ASHOK KUMAR @ MANTU @ ASHOK KUMAR RAM S/o- Subedar Ram Resident of Village- Mishrouli, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Informant : Mr. Vikramdev Singh, Advocate Mr. Shiv Prasad Gupta, Advocate For the State :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in Bihiya P.S. Case No. 163/2021 registered for the offences punishable under Sections 147, 341, 323, 379, 504 & 506 of the Indian Penal Code but later on Section 302 IPC was added pending in the Court of learned A.C.J.M.-I, Bhojpur.
The accusation against the petitioner is that he
Patna High Court CR. MISC. No.52585 of 2021(3) dt.21-06-2022 2/2 assaulted the brother of the informant by means of lathi on his head and sustaining injury he fell down and lastly died. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is case and counter case between the parties. Petitioner has no criminal antecedent.
Learned counsel for the informant and learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation of assaulting the informant's brother against the petitioner due to which he died, hence he does no deserve anticipatory bail.
Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) Trivedi/- U T