Bikram Lal Sah @ Biku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19533 of 2023 Arising Out of PS. Case No.-270 Year-2021 Thana- LAUKAHI District- Madhubani ====================================================== BIKRAM LAL SAH @ BIKU SAH SON OF LATE RAM BAHADUR SAH R/O VILLAGE- KUSHMAHI, P.S.- ANDHRAMATH, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Laukahi P.S. Case No. 270 of 2021registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354, 379, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to have resorted firing by means of pistol upon the husband of the informant sustaining injury to him in the left leg.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to political rivalry. A counter case has also been lodged by the wife of this petitioner being

Patna High Court CR. MISC. No.19533 of 2023(3) dt.26-06-2023 2/2 Laukahi P.S. Case No.271 of 2021. It is further submitted that the mob and supporters of the informant made indiscriminate firing and due to which the husband of the informant sustained injury. Moreover, the nature of the injury is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation against the petitioner, hence he does not deserve anticipatory bail. Considering the facts and circumstances of case and the nature of the allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T