Bhagirath Rajbanshi vs The State Of Bihar
2021 Latest Caselaw 2437 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 35515 of 2020
       Arising Out of PS Case No.-162 Year-2020 Thana- WAZIRGANJ District- Gaya
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Bhagirath Rajbanshi, Male, aged about 50 years, Son of Late Maneshar Rajbanshi, Resident of Village - Chainbigha, PS - Wazirganj, District - Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate For the State : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 21-06-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ravindra Kumar Sinha, learned counsel

for the petitioner and Mr. Ramchandra Sahni, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioner apprehends arrest in connection with

Wazirganj PS Case No. 162 of 2020 dated 14.04.2020, instituted

under Sections 147, 148, 323, 307504, 506, 379 and 427 of the

Indian Penal Code.

4. The allegation against the petitioner is that he, along

with others, was armed with firearms, lathi and iron rod and had

assaulted the informant and also damaged his truck and taken Patna High Court CR. MISC. No.35515 of 2020 dt.21-06-2021

away cash Rs. 10,000/- and also of giving threatening of burning

the vehicle.

5. Learned counsel for the petitioner submitted that as

per the FIR itself, he had only put the gun on the temple of the

informant but did not fire and thereafter, there is no overt act

alleged against him and he has been falsely implicated due to

village politics. It was submitted that the petitioner has no

criminal antecedent and that no motive has been assigned in the

FIR. Learned counsel submitted that out of seven persons,

including the petitioner, who had prayed for anticipatory bail

before the Court below, four persons were allowed and three

persons, including the petitioner, were denied the privilege of

anticipatory bail. It was submitted that one of the co-accused

Gendo Rajbanshi @ Gendu Rajbanshi has been granted

anticipatory bail by order dated 24.03.2021 in Cr. Misc. No.

33924 of 2020.

6. Learned APP submitted that the petitioner was the

main person who was responsible for the incident and he had

firearms with him and it is not necessary that he should have used

it as he had put fear in the informant and others by brandishing the

same and also putting it on the temple of the informant and most

importantly, on his order, the truck was vandalized and Rs.

Patna High Court CR. MISC. No.35515 of 2020 dt.21-06-2021

10,000/- cash was looted. It was submitted that co-accused Gendo

Rajbanshi @ Gendu Rajbanshi has been granted anticipatory bail

for the reason that though, against him, there was specific

allegation of assault on the hand, the same was not corroborated in

the injury report as injury near the eye has been found and, thus,

the same would not have any bearing on the present case.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, in view of submission of learned counsel

for the petitioner, it is observed that if the petitioner appears before

the Court below and prays for bail, the same shall be considered

on its own merits, in accordance with law, without being

prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T