Mithlesh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33489 of 2022 Arising Out of PS. Case No.-58 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Mithlesh Mishra S/O Late Babulal Mishra R/O Village Madhukar Chapra, P.S. Kanti, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP For the Informant :

Mr. Raju Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 506 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, it is a case of shot fire upon the son of the informant by the petitioner and other accused persons. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that during investigation, it appears that the petitioner is an order giver consequently, the other accused persons shot fire upon the person of the informant's son due to

Patna High Court CR. MISC. No.33489 of 2022(3) dt.13-12-2022 2/2 which, he sustained injury on leg.

However, learned counsel for the Informant as well as learned APP for the State have opposed the prayer for anticipatory bail of the petitioner and submitted that there is specific allegation of shot fire against the petitioner and the petitioner was present at the time of occurrence. The injury report vide para-94 of the case diary supported the case of the prosecution and the doctor opined cause of injury due to gun shot and further found that there is stitched wound on scalp and the injury on leg and right thigh.

After considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T