Ramlakshi Sah @ Ramrakshi Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52508 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== Ramlakshi Sah @ Ramrakshi Sao S/O Late Sonelal Sao R/O VillageKusmaut, Ps. Nimachandpura, Dist. Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anshu Dhar Sharma Ms. Namita Sharma For the State :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per FIR, allegation against the petitioner is that he along with other 2-4 unknown persons were cultivating the field of the informant. The informant informed the police then police party came and on seeing police, the accused persons started firing upon the informant and succeeded in fleeing but one of co-accused has been apprehended with empty cartridge.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.52508 of 2023(3) dt.21-12-2023 2/2 case due to land dispute. He submits that there is general and omnibus allegation levelled against the petitioner. He submits tha the petitioner is the member of mob. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application.
5. Learned APP for the State opposing the prayer for bail submits that there is specific allegation against the petitioner to fire upon the informant.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Neemachandpura P.S. Case No. 114 of 2022.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T