Jhunnu Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18670 of 2022 Arising Out of PS. Case No.-37 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== JHUNNU GOPE Son of Late Gorakh Gope @ Yogendra Prasad Resident of vill.- Brijpur, P.S.- Noorsarai, Dist.- Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 384, 386, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, several accused persons including the petitioner came at petrol pump of the informant for demanding extortion money and threatened him of dire consequences. It is further submitted that after 15 minutes his musclemen came there on 5-6 motorcycle and they started indiscriminate firing. Specific allegation against the petitioner is of firing which hit his left hand finger.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.18670 of 2022(3) dt.22-11-2022 2/2 that petitioner is innocent and he has been falsely implicated in this case. Similarly situated co-accused Upendra Kuamar has been granted anticipatory bail by a different co-ordinate Bench of this Court vide order dated 20.12.2021 passed in Cr. Misc. No. 15685 of 2021.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that there is direct allegation of firing against the petitioner due to which he sustained injury in his finger. During investigation several witnesses have supported the prosecution story.

Having heard learned counsel for the parties and considering the fact that there is direct allegation of firing against the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the petitioner stands rejected.

(Sunil Kumar Panwar, J) sushma/- U