Patna High CourtCR. MISC./4834/2019dismissed

Mukesh Sharma @ Mukesh Vishwakarma v. The State Of Bihar

2019-03-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4834 of 2019 Arising Out of PS. Case No.-36 Year-2017 Thana- NASRIGANJ District- Rohtas ====================================================== Mukesh Sharma @ Mukesh Vishwakarma, son of Uma Shankar Sharma @ Uma Vishwakarma, Resident of Village-Baknoura, P.S.- Rohtas, DistrictRohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-03-2019 The petitioner apprehends his arrest in connection with Nasariganj P.S.Case No. 36 of 2017 registered under Sections 307/34 of the Indian penal Code.

Allegation as per FIR is that informant along with Rajesh Kumar was going on his motorcycle and on the way one another person also accompanied them and on way when informant was to ease himself, Rajesh Kumar fired at him causing injury. Submission of learned counsel for the petitioner is that FIR itself shows that allegation is against Rajesh Kumar and except confession of Rajesh Kumar, there is nothing against the petitioner.

Heard learned APP also who has opposed the prayer for anticipatory bail of the petitioner stating that it is said that petitioner has made Katta available to Rajesh Kumar and he is

Patna High Court CR. MISC. No.4834 of 2019(3) dt.12-03-2019 2/2 accused in two other cases.

Having heard both sides and in view of the allegation as well as criminal antecedents, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T