Jharkhand High Court
Ramjivan Singh vs The State Of Jharkhand .... .... ... on 19 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.9176 of 2022
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Ramjivan Singh .... .... .... Petitioner
Versus
The State of Jharkhand .... .... ....Opposite Party
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Pramod Kr. Jha, Advocate For the State : Mrs. Snehlika Bhagat, Addl.P.P
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Order No.08 Dated- 19.05.2023 Heard learned counsel for the parties.
Apprehending his arrest in connection with Budhai P.S. Case No. 20 of 2022 instituted under Sections 302 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
The FIR was lodged with allegation that petitioner brutally assaulted the father of informant namely Kanhai Mandal due to which he succumbed to injuries.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has committed no offence at all rather he has been falsely implicated in this case on the basis of mere suspicion. It is further submitted that no whiteness have supported the prosecution story and there is no eye-witness of the occurrence. No internal and external injuries were found over the body of the deceased. Petitioner undertakes to co- operate with the investigation of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State opposes the prayer for anticipatory bail of the petitioner but did not controvert to the fact that after investigation of the case, final form has been submitted by police showing the lack of evidence against the petitioner for the offence under Section 302 of IPC. Hence, there is no apprehension of arrest of petitioner. Accordingly, the bail application may be dismissed as not maintainable.
Considering the facts and circumstances of the case, from the case diary, it appears that the final form has already been submitted showing the lack of evidence against the petitioner and there is no apprehension of arrest of petitioner in this case. Hence, this anticipatory bail application is dismissed as not maintainable.
(Pradeep Kumar Srivastava, J.) Pappu/