Om Prakash @ Om Prakash Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65656 of 2022 Arising Out of PS. Case No.-286 Year-2005 Thana- BETTIAH CITY District- West Champaran ====================================================== OM PRAKASH @ OM PRAKASH BHAGAT S/o Shiv Bachan Bhagat R/o Village- Kotwa, P.S.- Paharpur, Distt- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mritunjay Kumar Sinha, Adv.
For the Opposite Party/s :
Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No.286 of 2005, registered for the offence punishable u/s 323, 307, 384/34 of the IPC. Allegedly, on account of non-fulfillment of 'rangdari' the petitioner and others brought the informant out from his jail ward and brutally assaulted him.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that the occurrence took place in the year 2005 but this anticipatory bail application has been filed in the
Patna High Court CR. MISC. No.65656 of 2022(2) dt.17-01-2023 2/2 year, 2022 i.e. after delay of 17 years. It is submitted that petitioner had no knowledge about the said occurrence and thus, when he got to know about the case, he filed the present application after 17 years. Petitioner has one criminal antecedent.
Learned APP for the State opposed the prayer for bail. Considering the nature of allegation and the delay of 17 years, 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) pallavi/- U T