Ramprit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61350 of 2022 Arising Out of PS. Case No.-448 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAMPRIT PATEL Son of Late Ramesh Patel Resident of village - Hilalpur, P.S. - Industrial Area, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor For the Opposite Party/s :

Mr. Mithlesh Kumar Khare Mr. Ranjeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No.448 of 2022, registered for the offence punishable under Sections 147, 149, 341, 323, 379, 307, 504, 447 of the Indian Penal Code and later on added 302 and 120(B)/34 of the Indian Penal Code.

The allegation against the petitioner is that he gave iron blow on the head of the informant which hit over his right leg causing fracture and he again inflicted rod blow. All the accused persons assaulted the informant due to which he fell down. After treatment the informant came to his house and later on died on 13.06.2022.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.61350 of 2022(3) dt.23-03-2023 2/2 petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The petitioner is a family member of the informant. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the injury report of the informant/deceased mentioned in para-44 of the case diary shows fracture in right leg, which is grievous in nature. The inquest report mentioned at at para-15 of the case diary shows that the cause of death appears to be assault.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

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