Patna High CourtCR. MISC./53453/2023dismissed

Rambabu Chaurasia v. The State Of Bihar

2023-09-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53453 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- DEWARIA District- Muzaffarpur ====================================================== Rambabu Chaurasia Son Of Late Yogi Chaurasia Resident Of VillageDewariya, Ps- Dewariya, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 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 272, 273 and 304 of the Indian Penal Code.

3. As per FIR, two persons purchased the Prasad and clod drink from the shop of one Deepak Kumar Bhagat and they consumed it. It is further alleged that after consuming the same, their health condition begin to deteriorate and ultimately they died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is no eye witness of the alleged occurrence and only on the basis of suspicion, petitioner has been made accused in this case. He further submits that

Patna High Court CR. MISC. No.53453 of 2023(3) dt.14-09-2023 2/2 petitioner has criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposing the prayer for bail submits that there is ample evidence against the petitioner in the case diary.

6. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Dewariya P.S. Case No. 121 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T