Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14823 of 2021 Arising Out of PS. Case No.-76 Year-2020 Thana- MANSI District- Khagaria ====================================================== 1.

AZAD KUMAR Son of Late Lakshmi Singh Resident of VillageChakhusaini, P.S.- Mansi, District- Khagaria. 2.

Gagan Singh Son of Suresh Singh Resident of Village- Chakhusaini, P.S.- Mansi, District- Khagaria.

3.

Rajesh Kumar Son of Late Prabhu Singh Resident of Village- Chakhusaini, P.S.- Mansi, District- Khagaria.

4.

Ghanshyam Singh Son of Late Bhumi Singh Resident of VillageChakhusaini, P.S.- Mansi, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-01-2022 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 76 of 2020, G.R. No. 813 of 2020, disclosing offences under Sections 147, 148, 149, 341, 323, 325, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR co-accused, Jitan Kumar, Aakash Kumar, Arvind Kumar Singh, Ghanshyam Singh (petitioner No.4), Lal Bahadur Singh, Rajesh Kumar (petitioner No.3),

Patna High Court CR. MISC. No.14823 of 2021(2) dt.12-01-2022 2/2 Gagan Singh (petitioner No.2), Suresh Singh, Gopal Kumar Srilal Singh and Azad Kumar (petitioner No.1) with intent to murder started firing on the informant. They also fired on Nitish Kumar and they assaulted Nitish Kumar with butt of the pistol.

The learned counsel for the petitioners has submitted that the petitioners are the members of the mob and the allegations against them are general and omnibus in nature. Learned counsel also submitted that there was previous enmity between both the parties.

The petitioners are named in the FIR and there is allegation of assaulting and firing shot on the person of informant and one Nitish Kumar. The injury report of Nitesh Kumar has been mentioned in the impugned order which shows that Nitish Kumar has sustained injuries on five places on his scalp and face and out of them one injury is found grievous in nature, as such, it is not a fit case of anticipatory bail. Accordingly, the prayer for anticipatory bail of these petitioners is hereby rejected.

(Nawneet Kumar Pandey , J) sanjeev/- U T