Raja Kumar @ Rajaram Kumar @ Rajaram Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51332 of 2023 Arising Out of PS. Case No.-114 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== RAJA KUMAR @ RAJARAM KUMAR @ RAJARAM SAH S/O GUDDAR SAH R/O VILLAGE- BALHA, P.S. DANDARI, DIST.- BEGUSARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Sinha, Adv.
For the Opposite Party/s:
Mr.Vinod Shanker Modi, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 307, 149 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he along with other accused persons and 2-4 unknown persons were cultivating the field of the informant. The informant informed the police about the same and when police arrived there, all the accused persons started firing upon the informant and succeeded in fleeing but one of the co-accused has been apprehended with empty cartridge.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed no offence. No such occurrence as alleged ever took place. He has
Patna High Court CR. MISC. No.51332 of 2023(2) dt.29-08-2023 2/2 been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is the driver of ambulance vehicle and on the date of occurrence he was on duty. He has no concern with the cultivating field of the informant. He further submits that in course of the investigation, police found some cases against the petitioner and only on suspicion, he has been made accused in the present case. Petitioner has nine criminal antecedents as mentioned in para-3 of this application.
5. Per contra, learned APP for the State vehemently opposing the bail petition submits that petitioner was also involved in the alleged occurrence.
6. Considering the facts and circumstances of the case, as petitioner has nine criminal antecedents, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) divyanshi/- U T