Aditya Kumar @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1325 of 2019 Arising Out of PS. Case No.-253 Year-2018 Thana- MAHUA District- Vaishali ====================================================== Aditya Kumar @ Bittu son of Rajeev Kumar, resident of village-Korihor Dhorha, P.S.-Mahua, Distt.-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 Heard the parties.

Petitioner seeks pre-arrest bail in Mahua P.S.Case No.253 of 2018 registered under Sections 341, 323, 324, 504, 307, 379/34 of I.P.C. and Section 27 of the Arms Act. Allegation against the petitioner is that he took the informant to Gayatri Chimni and other co-accused opened fire on him causing injury on his leg for which he was treated in the local hospital and thereafter in P.M.C.H.

Submission on behalf of the learned counsel for the petitioner is that the petitioner is not the assailant. Heard the learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, and in view of the fact that this is the petitioner who took the informant Gayatri Chimni where other

Patna High Court Cr.Misc. No.1325 of 2019(2) dt.18-01-2019 2/2 accused persons fired upon the informant, I am not inclined to grant anticipatory bail to the petitioner. His prayer for bail is rejected. However, the petitioner should surrender before the court below and pray for regular bail which shall be considered on its own merit without being prejudiced by this order. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) aks/- U