Dilip Singh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66839 of 2023 Arising Out of PS. Case No.-527 Year-2023 Thana- BHAGALPUR KOTWALI District- Bhagalpur ====================================================== DILIP SINGH RAM S/O LATE RAMCHANDRA RAM R/O VILLAGELALUCHAK ANGARI BAJRANGBALI MANDIR KE PASS, P.S- LODHIPUR, DISTT.- BHAGALPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s:

Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kotwali (Tilkamanjhi) P.S. Case No.527 of 2023,registered for the offence punishable under Sections 341, 342, 323, 384, 386, 506, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he sent two persons to the informant for taking away his motorcycle. It is also alleged that the other co-accused persons asked the informant to pay Rs.50,000/- to the petitioner for the compensation of expenses of the Court in relation to Ishakchak P.S. Case No.294 of 2022.

4. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.66839 of 2023(3) dt.23-01-2024 2/3 petitioner is quite innocent and has 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. There is no evidence against the petitioner in the entire case diary. Petitioner has one criminal antecedent, which is also mentioned in para-3 of the bail application.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is the main accused in the present case as there is allegation against him to send two persons to the informant in order to assault and threaten him so that he could not give evidence in the learned Court below in Ishakchak P.S. Case No.249 of 2022, in which the petitioner is an accused.

6. Having regard to the facts and circumstances of the case as well as considering that there is allegation against the petitioner to tamper the evidence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned

Patna High Court CR. MISC. No.66839 of 2023(3) dt.23-01-2024 3/3 Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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