Oral order rejecting a plea for anticipatory bail. The court denied relief due to specific overt acts attributed to the petitioner, including threats with a pistol and demands for Rangdari.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4030 of 2023
Arising Out of PS. Case No.-46 Year-2021 Thana- SAHPUR District- Bhojpur
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Prabhakar Tiwari Son Of Kashinath Tiwari Resident Of Village- Barisawan, P.S.- Shahpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh For the Opposite Party/s : Mr.Bharat Lal ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 27-03-2023
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Shahpur P.S. Case No. 46 of 2021 registered for the offences punishable under Section 386, 387 and 34 of the Indian Penal Code pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara.
As per prosecution case, petitioner along with other co-accused persons abused and assaulted the workers/engineers of the informant, on the point of pistol threatened to kill them and demanded Rangdari.
Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the
Patna High Court CR. MISC. No.4030 of 2023(2) dt.27-03-2023 2/2
petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is made accused in the present case on the basis of video clip and the allegation against the petitioner is that he had demanded the Rangdari. He submits that petitioner has got one criminal antecedents as mentioned in para-3 of the bail application.
Learned APP for the State vehemently opposing the bail petition submitted that specific overt act has been attributed against the petitioner. Hence, he does not deserve privilege of anticipatory bail.
Considering the facts and circumstances of case and the fact that there is specific overt act against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Shahpur P.S. Case No. 46 of 2021.
The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J)
anand/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving offences under Section 386, 387, and 34 of the Indian Penal Code.
Prabhakar Tiwari
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
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