Vicky Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12697 of 2021 Arising Out of PS. Case No.-199 Year-2019 Thana- SISWAN District- Siwan ====================================================== VICKY KUMAR SINGH SON OF ASHOK SINGH Resident of Village - Saipur, P.s.- Siswan, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha For the Opposite Party/s :

Mr.Nachiketa Jha For the Informant :

Mr.Raghwendra Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Siswan P.S. Case No.199 of 2019, registered for the offence punishable under Sections 341, 323, 307 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioner is that as a part of conspiracy, he fired upon the informant, due to which the informant's feet became injured and he fell down. It is alleged that other accused persons also fired and assaulted him, due to

Patna High Court CR. MISC. No.12697 of 2021(2) dt.01-12-2021 2/3 which he lost his senses. Thereafter, he was taken for treatment to the Patna Nursing Home by his family members. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence rather he has been falsely implicated in this case due to ulterior motive. No such occurrence, as alleged, ever took place. The informant received the said injury by accident in the programme but due to some village party politics, he has been implicated in this case. Petitioner has no criminal antecedent.

Learned APP for the State as well as the learned counsel for the informant have opposed the prayer for bail by submitting that there is specific overt act against the petitioner that he has fired upon the informant.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner named above.

Accordingly, the instant anticipatory bail application is dismissed.

However, the petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail.

Patna High Court CR. MISC. No.12697 of 2021(2) dt.01-12-2021 3/3 The learned court below is directed to consider and dispose of the case of the petitioner, on the same date, in accordance with the merits of the case, without being prejudiced by the dismissal of the present application. (Anjani Kumar Sharan, J) pallavi/- U T