Achhelal Ram @ Akshay Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78989 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- KOTWA District- East Champaran ====================================================== Achhelal Ram @ Akshay Lal Son Of Late Indrajit Ram R/O Village- Bathana, P.S.- Pipra Kothi, Dist.- East Champaran ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case, petitioner along with other co-accused person is said to have killed Rani Kumari.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that petitioner is uncle of the deceased. He further submits that petitioner has got no criminal antecedent as stated in para-3 of
Patna High Court CR. MISC. No.78989 of 2023(2) dt.12-12-2023 2/2 the bail application.
5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the police has recovered the dead body of the deceased and postmortem of the body of the deceased was conducted which shows that the death was due to hanging-asphyxia. Hence, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of the case and the fact that petitioner along with other co-accused person tried to conceal the dead body of the deceased, I am not inclined to enlarge the petitioner on bail in connection with Kotwa P.S. Case No. 108 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected.
(Anjani Kumar Sharan, J) ajay/- U T