Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30489 of 2025 Arising Out of PS. Case No.-734 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Anand Kumar S/o Sanjivan Rai @ Ram Sanjivan Kumar R/o VillageDurjanchak, P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sristy Patel, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Koilwar P.S. Case No. 734 of 2023 lodged on 25.12.2023, for the offence punishable under Section 147, 148, 149 & 302 of the Indian Penal Code read with section 27 of the Arms Act.

3. As per the prosecution, FIR has been lodged against 9 named accused persons including the present petitioner against whom there is an allegation that they have reached at the house of the informant then accused persons taken the informant to another room by tying his hands, feet and mouth. Thereafter, petitioner was armed with desi katta and handed over to accused Guddu Rai and gives order to fire then, accused Guddu Rai fired upon the informant's grand father due to which he died on the

Patna High Court CR. MISC. No.30489 of 2025(2) dt.14-05-2025 2/2 spot.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that there is a previous enmity between both the parties, and the entire prosecution story is false and fabricated. Counsel submits that inquest report was prepared and post-mortem was conducted prior to lodging of the FIR, therefore, it falsifies the present case. Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him in which he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a murder case and informant's grand father was murdered by desi katta which was alleged to be brought by the petitioner at the place of occurrence.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T