Anjay Yadav @ Anjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29627 of 2024 Arising Out of PS. Case No.-724 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Anjay Yadav @ Anjay Kumar Son of Late Ramashish Yadav R/o VillageBadi Kothiya, Ward No. 2, P.S. Khagaria (Muffasil), Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2024 Heard Mr.Pankaj Kumar, learned counsel for the petitioner, learned counsel for the informant and Mr.Binod Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 21.08.2023 in connection with Khagaria (Muffasil) P.S. Case No. 724 of 2023, corresponding to G.R.No.2375 of 2023, F.I.R. dated 18.07.2023 registered for the offence punishable under Sections 341,307,120(B) of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, petitioner with intention to kill fired upon informant and the bullet hit in the neck of informant. Thereafter he again fired upon the informant but he narrowly escaped.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.29627 of 2024(3) dt.05-07-2024 2/3 submits that the petitioner has falsely been implicated in the present case. As per FIR, allegation against the petitioner is that he fired upon the victim and he has received the bullet injury on his neck which is vital part of the body of the injured person.
5. Learned counsel for the informant and learned APP for the State, on the other hand, on the basis of the material available on the record and the case diary, have opposed the prayer for bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner and apart from that, the petitioner again fired upon the victim which suggests that he with intention to kill fired upon the victim and apart from that, the injury report of the injured also suggests that Mukesh Yadav received bullet injury. Further submits that the petitioner carries one more case other than the present one, as mentioned in para3 of the supplementary affidavit.
6. Considering the aforesaid facts, there is direct and specific allegation against the petitioner that he fired upon the victim, I am not inclined to enlarge the petitioner on bail in connection with Khagaria (Muffasil) P.S. Case No. 724 of 2023, corresponding to G.R.No.2375 of 2023 pending in the court of learned Chief Judicial Magistrate, Khagaria.
Patna High Court CR. MISC. No.29627 of 2024(3) dt.05-07-2024 3/3
7. Prayer is refused.
(Rajesh Kumar Verma, J) Nitesh/- U T