Rangnath Brahamchari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61675 of 2022 Arising Out of PS. Case No.-305 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== 1.

RANGNATH BRAHAMCHARI SON OF SAHDU SARAN PRASAD R/O VILLAGE- PIROGHA, P.S.- GHOSHI, DISTRICT- JEHANABAD 2.

BHIM PRASAD @ BHIM SON OF SADHU SARAN PRASAD R/O VILLAGE- PIROGHA, P.S.- GHOSHI, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar No.1, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner no. 2 and learned counsel for the State.

Petitioner apprehends arrest in connection with Ghoshi (Okri) P.S. Case No. 305 of 2021 registered for the offences under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case due to land dispute. Further submission is that the petitioner was not present at the place of occurrence. It is also submitted that the petitioner has no criminal antecedent. Learned Additional Public Prosecutor appearing for

Patna High Court CR. MISC. No.61675 of 2022(4) dt.21-03-2023 2/2 the State vehemently opposes the prayer of bail and submits that there is direct allegation of giving a lathi blow on the head of the father of the informant on petitioner no. 2 which is also supported by the injury report. He therefore, submits that petitioner does not deserve to be enlarged on anticipatory bail. Considering the nature of allegation levelled against the petitioner no. 2 and the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner no. 2 namely Bhim Prasad @ Bhim. His prayer for bail is accordingly rejected. anuradha/- (Arvind Srivastava, J) U T