Anil Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24140 of 2020 Arising Out of PS. Case No.-528 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== ANIL SINGH @ ANIL KUMAR SINGH, S/O Late Satrughan Singh @ Shatrughan Prasad Singh, Residence of Vill/mohalla - Ojhaul, P.S. - Bahadurpur, Dist. - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. Dilip Kr. No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-01-2021 Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution case in brief is that as per FIR, it is alleged that quarrel took place in between the informant and Anil Singh due to land dispute. On 23.10.2019 at 10.30 pm in night accused persons armed with various weapons arrived at the house of the informant and started abusing to the informant. Accused-petitioner Anil Singh fired on the son of informant by pistol. When grand-son of the informant Shailesh Kumar tried to save to his father, he also sustained fire arm injury in hand.

Patna High Court CR. MISC. No.24140 of 2020(4) dt.04-01-2021 2/3 Kundan Singh and Chandan Singh threw petrol bomb in the house of the informant. On arrival of villagers accused persons fled away. The injured person was brought to DMCH and PMCH, Patna.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enemity between the parties. Learned APP for the State opposes the prayer for bail petition.

From perusal of the record and the case diary, it transpires that the petitioner and accused persons came to the house of the informant and started to abuse to the informant and the petitioner hit fire on the son of the informant but his grandson became injured due to fire. As per injury report doctor has found fracture of ulna and radious on left fore-arm which is grievous in nature.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Bahadurpur P.S. Case No. 528 of 2019 from the Court of learned Sub Divisional Judicial Magistrate, Darbhanga. Accordingly, the application is disposed of.

Patna High Court CR. MISC. No.24140 of 2020(4) dt.04-01-2021 3/3 However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

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