Patna High CourtCR. MISC./32365/2023dismissed

Rishav Kumar v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32365 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Rishav Kumar Son Of Mithlesh Mishra Resident Of Village - Madhukar Chhapra, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 506, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioner and other accused persons are said to have fired upon the son of the informant as a result of which he received injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to land dispute. He submits that the injury found upon the victim is simple in nature. He submits that both parties are agnates and there is existing land dispute in between them. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. However, learned APP for the State and learned

Patna High Court CR. MISC. No.32365 of 2023(2) dt.21-07-2023 2/2 counsel for the informant oppose the prayer for bail.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kanti P.S. Case No. 58 of 2021.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

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