Ranjit Kumar @ Karu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2175 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ranjit Kumar @ Karu Ram, Son of Ram Balak Saw, Resident of Village/Mohalla- Astghatti Road, Hanumannagar, P.S.- Kabaiya, DistrictLakhisarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Krishna Chandra, Advocate.
For the Opposite Party :
Mr.Rajendra Singh Shastriji, A.P.P. 47.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in a case for the offence registered under Sections 326, 338, 307, 120(B)/34 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that the petitioner alongwith others assaulted the informant by making indiscriminate firing upon him with intention to kill him and due to which some other persons also sustained injuries on their persons.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged
Patna High Court Cr.Misc. No.2175 of 2019(2) dt.16-01-2019 2/2 against the petitioner. The petitioner has falsely been implicated in the present case. There is no injury report on record to suggest whether an offence under Section 307 of the IPC is made out. Subsequently, the informant in his re-statement had made general and omnibus allegation in respect of the allegation of firing.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. There is specific allegation of causing firearm injury by the petitioner. Considering the same, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Lakhisarai P.S. Case No. 92/18, pending in the court of learned Chief Judicial Magistrate, Lakhisarai. Anyhow, if the petitioner surrenders and prays for regular bail in the learned court below, the same shall be considered on its own merit without being prejudiced by this order of the Court. (Sudhir Singh, J) U.K./- U T