Patna High CourtCR. MISC./2044/2024rejected

Ram Pravesh Chauhan v. The State Of Bihar

2024-03-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2044 of 2024 Arising Out of PS. Case No.-636 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ram Pravesh Chauhan Son of Masudan Chauhan R/o vill - Aure Beldariya, P.s. - Ramgarh Chowk, Distt. - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-03-2024 Heard Mr. Birendra Kumar, learned counsel for the petitioner and Mr. Dr. Ajeet Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 636 of 2022, F.I.R. dated 01.08.2022 for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, there is specific allegation against the petitioner that he has fired upon Brahamdev Chauhan on his head and snatched his gold chain and mobile.

4. Learned counsel for the petitioner submits that petitioner and he has falsely been implicated in the present

Patna High Court CR. MISC. No.2044 of 2024(3) dt.19-03-2024 2/2 case. He further submits that as per the F.I.R the petitioner has fired upon Brahamdev Chauhan due to which he has received head injury and although final injury is reserved but it appears from the injury report that the allegation as alleged in the F.I.R is supported by the medical evidence.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries two criminal antecedents other than the present one.

6. Considering the allegation as alleged in the F.I.R and the material available on record, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Lakhisarai (Ramgarh Chowk) P.S. Case No. 636 of 2022 pending in the court of Chief Judicial Magistrate, Lakhisarai.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T