Arvind Kumar @ Gorelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14083 of 2021 Arising Out of PS. Case No.-37 Year-2020 Thana- NAGARNAUSA District- Nalanda ====================================================== ARVIND KUMAR @ GORELAL Son of Late Ram Ugre Yadav Resident of Village - Maniyampur, Police Station - Nagarnausa, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Adv.

For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 325, 307, 504, 34 of the Indian Penal Code.

Allegation against the petitioner that he made shot fire on thigh of the informant's wife.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case due to previous land dispute. He submits that as a matter of fact dispute with regard to Gali is going on since before and

Patna High Court CR. MISC. No.14083 of 2021(2) dt.07-12-2021 2/2 several criminal case is pending between the parties and due to that reason, informant lodged the present case. He submits that similarly situated co-accused has been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 21456 of 2020 on 23.07.2020. He submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. However, learned APP for the State opposes the prayer.

Considering the facts and circumstances of the case and the fact that there is specific allegation of firing against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Nagarnausa P.S. Case No. 37 of 2020 pending before the court of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda.

If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T