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Patna High CourtCR. MISC./4058/2020rejected

Mithilesh Kumar v. The State Of Bihar

2021-03-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4058 of 2020 Arising Out of PS. Case No.-295 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== MITHILESH KUMAR Son of Late Ram Lagan Singh Resident of Sonama, P.S.- Didarganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajanan Mishra, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-03-2021 Heard both sides.

The petitioner apprehends his arrest in Didarganj P.S. Case No. 295 of 2019, registered for the offences punishable under Sections 147, 148, 149, 342, 323, 307, 504, 506 of the Indian Penal Code read with Section 27 of Arms Act. The informant alleged that on the date of occurrence, the accused persons surrounded him and on the instigation of Manoj Kumar and Bhushan, Mithilesh Kumar (petitioner) fired on him which hit on the upper part of his abdomen. Learned counsel for the petitioner submits that on the basis of the Fardbeyan of Sintu Kumar, a counter version being Didarganj P.S. Case No. 298/2019 is lodged, from the side of petitioner, but it appears from the case diary and the injury report that one firearm injury was found on the person of

Patna High Court CR. MISC. No.4058 of 2020(4) dt.10-03-2021 2/2 informant. Petitioner is author of aforesaid injury and the injury opined to be grievous in nature.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) rakhi/- U T