Shyam Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54441 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Shyam Lal Prasad, Son of Chandu Prasad, Resident of Village- Domariya, P.S.- Town Gopalganj, District- Gopalganj.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dilip Kumar Tondon, Advocate.

For the Opposite Party :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 447, 341, 323, 324, 307, 504, 506/34 of the IPC. Later on, Section 302/34 of the IPC was also added.

The prosecution story, in brief, is that on 06.04.2018 at about 2.00 P.M. the informant was at his house, in the meantime, his villagers Shyam Lal Prasad (petitioner), coaccused persons Ravi Kumar, Mira Devi, Lalita Devi and Rinki Devi were filling the earth by Tractor in G.M. land which was vacant and has used for general public works. It is alleged that the informant objected the same whereupon the aforesaid

Patna High Court Cr.Misc. No.54441 of 2018(3) dt.19-12-2018 2/3 persons surrounded him with abuses and started assaulting by Lathi, Danda and Iron-rod. Informant's uncle Rojaddin Ansari went to rescue then he was too assaulted by Lathi, Danda and Iron-rod. Petitioner Shyam Lal Prasad assaulted with Spade on the head of the uncle of the informant, who received serious injury and fall on the ground. Co-accused Ravi Kumar assaulted informant's cousin by Iron-rod causing injury near the right thumb. Injured were taken to Sadar Hospital, Gopalganj from where Rojaddin Ansari was referred to higher centre for better treatment and during course of treatment, Rojaddin Ansari died after three days.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to previous enmity. The manner of occurrence as alleged in the F.I.R. is denied by the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. He is main assailant of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The

Patna High Court Cr.Misc. No.54441 of 2018(3) dt.19-12-2018 3/3 same is rejected in connection with Gopalganj P.S. Case No. 164 of 2018, pending in the court of learned C.J.M. Gopalganj. Anyhow, if the petitioner surrenders and prays for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by this order of the Court. (Sudhir Singh, J) U.K./- U T