Bhagirath Rai @ Bhagirath Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66888 of 2025 Arising Out of PS. Case No.-326 Year-2024 Thana- RAJIVNAGAR District- Patna ====================================================== Bhagirath Rai @ Bhagirath Prasad S/o Late Rajendra Rai R/o Vill- Maika Colony, P.S.- Digha, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramhansh Kumar Puri, Advocate For the State :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 188, 406, 420, 327 and 120B of the Indian Penal Code and Section 3 of the Damage to Public Property Act.
3. As per prosecution case, it is alleged that this petitioner has encroached government land by way of constructing boundary.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on suspicion.
Patna High Court CR. MISC. No.66888 of 2025(3) dt.12-11-2025 2/2
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. with specific accusation that he has encroached government land by constructing boundaries. It is further submitted that petitioner is habitual in committing the same nature of crime and has got five criminal antecedents out of which some are of similar nature.
6. Considering the facts and circumstances of the case, specific and direct omnibus nature of accusation and criminal antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T