Bhagat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30610 of 2024 Arising Out of PS. Case No.-1353 Year-2022 Thana- BIHTA District- Patna ====================================================== Bhagat Kumar Son of Late Bihari Paswan @ Bihari Paswan Resident of Mashopur, P.O. Sadisopur, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar For the State :
Mr. Uday Pratap Singh For the Informant :
Mr. Ram Murti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends his arrest in Bihta P.S. Case No. 1353 of 2022 registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to have fired upon the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.30610 of 2024(7) dt.12-11-2024 2/2 the case diary does not contain any injury report. The prosecution side produced the injury report in the learned Court below and on that basis learned Court Below rejected the anticipatory bail of the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State and learned counsel for the informant opposed the payer for anticipatory bail.
6. Considering the facts and circumstances of case and it is an admitted fact that the petitioner has fired upon the informant, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T