Kapleshwar Rai @ Kapileshwar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49034 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- BALIGAON District- Vaishali ====================================================== KAPLESHWAR RAI @ KAPILESHWAR RAI S/o Nanki Ray R/o villageAkhtiyarpur Doghra, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Akbar Ali For the Informant : Mr. Zeyaul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307/ 34 and some other ancillary Sections of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have assaulted the informant with butt of rifle on his head causing grievous injury.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is no allegation of any specific overt act against this petitioner.

Learned counsel appearing for the State and the informant opposed the prayer for anticipatory bail and

Patna High Court CR. MISC. No.49034 of 2022(5) dt.10-04-2023 2/2 submitted that there is specific allegation against this petitioner that he assaulted the informant with butt of rifle on his head causing grievous injury. Petitioner has got criminal antecedent of seven cases.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T