Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10473 of 2022 Arising Out of PS. Case No.-678 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Mohit Kumar Son Of Late Uma Bhagat R/O Village- Jamira, P.S.- Ara Muffasil, District- Bhojpur (bihar) ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.II, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ara (Town) P.S. Case No. 678 of 2021 lodged under Section 302/34 and 120B of the Indian Penal Code read with Section 27 of Arms Act.

Learned counsel for the petitioner submits that it is true that there were allegation of attack on the father of the informant by virtue of three motorcycles, one Apachee, second Pulsar and third Splendor. The petitioner was alleged to come on the place of occurrence on splendor motorcycle. He further submits that as per allegation made in the F.I.R., the specific allegation of firing is upon the three persons who came at the place of occurrence by virtue of apachee white motorcycle. He further submits that petitioner has clean antecedent and he is in

Patna High Court CR. MISC. No.10473 of 2022(2) dt.23-06-2022 2/2 custody since 06.10.2021 and therefore, bail should be granted to the petitioner.

Learned counsel for the State opposes the prayer for bail stating therein that the petitioner is the member of a gang. Learned counsel for the informant also opposes the prayer for bail and submits that charge sheet has already been filed in this case and there is a acute pressure on the part of the accused to the informant and their witnesses to withdraw/ not to adduce their evidences. He further submits as soon as bail shall be granted, the accused person shall started creating pressure on the witnesses and in this regard, he has already submitted an information to the Superintendent of Police vide his letter dated 13.01.2022.

Considering this aspect that in the present facts and circumstances and upon considering the arguments of all the sides, I am not inclined to grant bail to the petitioner at this stage but simultaneously giving opportunity to the petitioner that he may renew his prayer after framing of charge. Accordingly, the bail application stands rejected. (Dr. Anshuman, J.) ravishankar/- U T