Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72093 of 2022 Arising Out of PS. Case No.-159 Year-2022 Thana- DELHA District- Gaya ====================================================== AKASH KUMAR Son of Ganesh Das Resident of Village- Badki Delha Vijay Bigha, P.S.- Delha, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Delha P.S. Case No. 159/2022 registered for the offences punishable under Sections 147, 148, 341, 342, 323, 326, 307, 504 of the Indian Penal Code. He has one criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, it is alleged that the nephew of the informant was beaten by some people near Badki Delha and have taken his nephew on motorcycle towards village Kujapi. After receiving information, the informant and his brother reached there to save his nephew, thereafter all the accused persons assaulted them by means of stone bricks and butt of pistol, as a result of which they were sustained injuries.

Patna High Court CR. MISC. No.72093 of 2022(2) dt.15-05-2023 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that there is no any specific allegation against the petitioner and no incriminating article has been recovered from him.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case wherein this petitioner is named in the First Information Report, he is said to have assaulted the informant and others and has got one criminal antecedent as well and learned APP for the State informed that one of the injuries of the informant is grievous in nature, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is, thus, refused.

This application is dismissed.

(Rajeev Ranjan Prasad, J) Rajeev/- U T