Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47970 of 2021 Arising Out of PS. Case No.-405 Year-2020 Thana- BARH District- Patna ====================================================== Aman Kumar S/O Satya Prakash Yadav R/o village- Hasanchak, P.S.- Barh, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sidhendra Narayan Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

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

It is alleged against the petitioner that he shot

Patna High Court CR. MISC. No.47970 of 2021(3) dt.20-04-2022 2/3 fire at the informant which hit on the right leg of the informant.

It is submitted by learned counsel for the petitioner that for the alleged occurrence of 09.11.2020, the F.I.R has been registered on 11.11.2020. The petitioner is a student and he has been selected in Indian Army. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned A.P.P appearing for the State has vehemently opposed the prayer for anticipatory bail of the petitioner on the ground that the witnesses in para 51 and 66 of the case diary have specifically alleged against the petitioner that he shot fire at the informant. The injury report of the informant also authenticate the prosecution version.

Considering the fact that there is direct allegation against the petitioner to shot fire upon the informant and the independent witnesses and the injury report also authenticate the prosecution version, this

Patna High Court CR. MISC. No.47970 of 2021(3) dt.20-04-2022 3/3 Court is not inclined to grant privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

However, if the petitioner surrenders within a period of four weeks from today and pray for regular bail, the same may be considered by the learned Court below without being prejudiced by the order of this Court.

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