Rambalak Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67522 of 2022 Arising Out of PS. Case No.-168 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== RAMBALAK RAJBANSHI Son of Ramswarup Rajbanshi R/v- Gumma Tarwa, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 364, 302, 201 and 120(b)/34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with co-accused person armed with lathi, danda assaulted the informant and her family members and caused several injuries to them.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR. He submits that during the investigation one person was

Patna High Court CR. MISC. No.67522 of 2022(3) dt.28-02-2023 2/2 apprehended by the police who disclosed the name of the petitioner that he is the main accused in the present case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the petitioner is the main accused in this case. Hence, he does not deserve anticipatory bail.

Considering the nature of the offence and the confessional statement of the co-accused, I am not inclined to enlarge the petitioner on bail in connection with Fatehpur P.S. Case No. 168/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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