Patna High CourtCR. MISC./6353/2024dismissed

Prince Kumar Singh @ Prnice Kumar @ Prince Singh @ Banti @ Kanhiya Kumar v. The State Of Bihar

2024-02-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6353 of 2024 Arising Out of PS. Case No.-479 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Prince Kumar Singh @ Prnice Kumar @ Prince Singh @ Banti @ Kanhiya Kumar S/O Sanjay Kumar Singh Village- Bhagwanpur Chakshekhu, Ps. Dalsinghsarai, Dist. Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, there is allegation against the petitioner is of open fire in the marriage ceremony, which hit in the abdomen of the husband of the informant causing injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to suspicion. He submits that there is no eye witness to the said occurrence and not even the informant was present at the place of occurrence. He submits that no incriminating article has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.6353 of 2024(2) dt.20-02-2024 2/2 petitioner. He further submits that petitioner has two criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail submits that there is direct allegation of firing against the petitioner.

6. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Dalsinghsarai P.S. Case No. 479 of 2023.

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