Pinku @ Pinku Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15937 of 2023 Arising Out of PS. Case No.-9 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== PINKU @ PINKU SAH Son of Late Bhola Prasad Sah @ Late Bhola Sah Resident of Village - Maszid Chouk, Ward No.- 13, P.S. and District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kishore Singh For the Opposite Party/s:

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Gwalpara P.S. Case No.09 of 2022, registered for the offence punishable under Sections 394 of the Indian Penal Code and 27 of Arms Act.

The allegation against the petitioner is that he demanded money from the informant while he was returning to his destination on 12.01.2022 and also fired upon his head due to which he got injured.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and om-

Patna High Court CR. MISC. No.15937 of 2023(3) dt.26-06-2023 2/2 nibus in nature. There is no specific overt act against the petitioner. He further submits that the no independent witness has supported the prosecution case. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf 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 shall pass the order on the same day, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T