Sumit Mishra @ Sumit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24630 of 2021 Arising Out of PS. Case No.-194 Year-2020 Thana- SINGHWARA District- Darbhanga ====================================================== SUMIT MISHRA @ SUMIT KUMAR MISHRA Son of Chandrika Mishra Resident of Village - Sanhapur, P.S.- Singhwara, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Singhwara P.S. Case No.194 of 2020, registered for the offences punishable under Sections 399, 402, 120(B) and 307 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner is said to have fired upon co-accused, Navin Mishra which hit in right side of his abdomen. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. There is no eye witness of the occurrence. It is further submitted that the police has not recorded the statement of the victim till date. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the

Patna High Court CR. MISC. No.24630 of 2021(4) dt.28-07-2022 2/2 bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that the independent witnesses have supported the prosecution case. Taking into consideration the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T