Patna High CourtCR. MISC./31210/2021dismissed

Gaurav Tiwari v. The State Of Bihar

2022-01-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31210 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== GAURAV TIWARI S/O BIRENDRA TIWARI R/O VILLAGE-MAJIRWA, P.S- LAKHAURA, DISTRICT EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Ghorasahan (Lakhaura) P.S. Case No.249 of 2020, registered for the offences punishable under Sections 147, 148, 149, 120(B), 307 and 326 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner along with one co-accused is said to have fired upon the father of the informant causing injuries to him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that due to previous enmity between the parties, the petitioner has been made accused in this

Patna High Court CR. MISC. No.31210 of 2021(2) dt.20-01-2022 2/2 case. It is further submitted that the injured person is a criminal and six cases are pending against him as mentioned in para 8 of the bail application. It is submitted that the father of the informant might have sustained injuries by unknown criminal and due to previous enmity, the petitioner is made accused in this case.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that there is specific allegation against the petitioner and the injuries are grievous in nature. The petitioner has got one criminal antecedent as stated in para 3 of the bail application. Taking into consideration the facts aforesaid, 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