Patna High CourtCR. MISC./84285/2023rejected

Dablu Ram v. The State Of Bihar

2024-01-24Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 84285 of 2023 Arising Out of PS. Case No.-166 Year-2022 Thana- SARMERA District- Nalanda ====================================================== DABLU RAM S/o Late Balmiki Ram R/o Village - Purani Isua, P.S.- Sarmera, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. M. K. Nirana, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-01-2024 Heard Mr. Bachan Jee Ojha, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sarmera P.S. Case No. 166 of 2022, registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, the allegation against the petitioner is of causing fire upon the mother of the informant resulting into her death.

4. It is submitted on behalf of the petitioner that from the narrations made in the FIR it is evident that the firing has taken place from all the accused persons and, as such, the prosecution story appears to be doubtful. He next submits that

Patna High Court CR. MISC. No. 84285 of 2023(2) dt.24-01-2024 2/2 the reason for false implication is apparent from the fact that there was a family feud between the parties and moreover on the alleged date of occurrence, the petitioner was not even present rather he was working in other State for his livelihood.

5. On the other hand, learned counsel for the State vehemently opposes the bail application and submits that the petitioner is responsible for giving fatal blow.

6. Regard being had to the submissions made on behalf of the parties and considering the specific nature of allegation and the petitioner is said to be author of the fatal injury, this Court is not persuaded to accede the prayer of the petitioner for anticipatory bail and thus, the present application stands rejected.

(Harish Kumar, J) Anjani/- U T