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Patna High CourtCR. MISC./35838/2021dismissed

Aman Kumar Singh @ Aman Singh Rajput v. The State Of Bihar

2022-05-24Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35838 of 2021 Arising Out of PS. Case No.-2 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Aman Kumar Singh @ Aman Singh Rajput, aged about 28 years, GenderMale, Son Of Ramashray Singh, Resident Of Village- Mission Compound, Police Station- Motihari Muffasil, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Madhurendra Kumar, Advocate For the Opposite Party :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Muffasil P.S. Case No. 02 of 2021 registered for the offence under Sections 341, 342, 323, 307, 324, 504, 506/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that the petitioner opened fire with loaded pistol aiming the head of the informant but it did not hit. Then, he fired second time over his chest but bullets injured his right arm and blood was oozing out. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.35838 of 2021(2) dt.24-05-2022 2/2 petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Due to petty reason, the alleged occurrence is said to have taken place. The petitioner had no intention to commit murder of the victim. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There is specific allegation against the petitioner of firing twice on the informant which is alleged to have caused grievous injury.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Muffasil P.S. Case No. 02 of 2021, pending in the court of learned C.J.M., East Champaran at Motihari.

If the petitioner surrenders in the learned court below and prays for regular bail the same shall be considered by the learned court below on its own merit without being prejudiced by this order.

(Sudhir Singh, J) U.K./- U T