Shiv Kumar Sah @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4228 of 2021 Arising Out of PS. Case No.-123 Year-2021 Thana- PUNPUN District- Patna ====================================================== Ranjan Kumar @ Niranjan Kumar Son Of Sri Rajeshwar Pandit Resident Of Village - Rasulpur, P.S. Punpun, District - Patna. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Rocki Kumar son of late Shivpujan Paswan resident of village- Ghordaur, P.S.- Punpun, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the appellant/s :

Mr.Rajesh Mohan For the Respondent/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the appellant and learned Special P.P for the State.

The appellant has challenged the order dated 12.08.2021 passed by learned Additional District JudgeIII-cum-Special Judge, SC/ST, Patna in connection with Punpun P.S. Case No. 123 of 2021 instituted for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Sections 3(2)(v) of the SC & ST (Prevention of Atrocities) Act, whereby his prayer for being released on anticipatory bail has been rejected. It is alleged in the F.I.R that all the accused persons including the appellant have assaulted the father

Patna High Court CR. APP (SJ) No.4228 of 2021(4) dt.15-12-2022 2/2 of the informant leading to his death.

It is submitted by learned counsel for the appellant that appellant has falsely been implicated in this case. There is no specific accusation against him. There is no eye witness to the occurrence.

Learned Special P.P. appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail of the appellant and submitted that appellant is named in the F.I.R and the witnesses have supported the complicity of the accused persons including the appellant in the commission of murder. In the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the appellant.

The instant appeal is hereby dismissed.

(Sunil Kumar Panwar, J) Shageer/- U T