Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32212 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- GOPALPUR District- Patna ====================================================== Ashish Kumar S/o Ram Bachhan Ray R/o Bariya, P.S.- Gopalpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramadit, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP Mr. Rajesh Shankar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard Learned Counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Gopalpur P.S. Case No.116 of 2025 under Sections 109, 115(2), 3(5) and 126(2) of the BNS, 2023 read with section 27 of the Arms Act pending before the court of J.M.-1st Class, Patna.

3. As per the prosecution, the FIR has been lodged against 3 named accused persons including the petitioner against whom there is allegation of firing upon the informant's son due to which injury has been caused. There is also allegation of threat to kill the entire family.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32212 of 2025(3) dt.13-08-2025 2/3 petitioner is innocent and has committed no offence. He submits that from the statement of petitioner itself, informant has not seen the occurrence, but she has identified the petitioner that pistol was at his hand. He further submits that nobody has seen the said occurrence.

5. Learned Counsel also submits that antecedent of the petitioner is not clean and there is one criminal case pending against the petitioner due to this reason, his name has been inserted in the present case. He further submits that due to alleged occurrence, the victim has not died. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Counsel for the informant vehemently opposes the prayer for bail and submits that informant has identified the petitioner. She has also narrated that occurrence is absolutely true as the police when reached and found two live cartridges from the place of occurrence. He further submits that it has come in the order passed by the Sessions Court that statement of injured has also been recorded and bullet has been extracted from the body of the injured.

7. Learned APP for the State opposes the prayer for bail and submits that the petitioner has been identified by the

Patna High Court CR. MISC. No.32212 of 2025(3) dt.13-08-2025 3/3 informant, but the injury is simple in nature.

8. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected. (Dr. Anshuman, J.) Prakashmani/- U T