Mahesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39107 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== MAHESH KUMAR son of Bharat Bhagat Village- Gokhula Ghat PsTurkauliya Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nirmal Kumar Sinha, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 307 of the Indian Penal Code and section 27 of the Arms Act.

3. It is alleged that this petitioner along with other F.I.R named accused persons and three to four unknown persons fired upon the informant as a result of which he sustained three fire arm injury.

4. It is submitted that allegation of firing against this petitioner is general and omnibus. Though it is alleged that seven persons fired upon the informant but it is not known whose fire shot hit the informant. Petitioner claims clean antecedent.

Patna High Court CR. MISC. No.39107 of 2023(3) dt.04-08-2023 2/2

5. Learned counsel for the State opposes the bail petition of the petitioner and submits that this petitioner along with other co-accused fired upon the informant in which he sustained fire arm injury.

6. Considering the nature and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T