Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36914 of 2020 Arising Out of PS. Case No.-265 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Ravi Kumar, Son of Raj Nandan Yadav, Resident of Village - Mishra Bigha, P.S. - Makhdumpur, Distt. - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-05-2021 Heard Mr. Birendra Kumar, the learned Advocate for the petitioner and Md. Aslam Ansari, the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Makhdumpur P.S. Case No. 265 of 2020, instituted for the offences under Sections 341, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.36914 of 2020(3) dt.25-05-2021 2/3 The learned counsel for the petitioner has submitted that though the petitioner is alleged to have opened fire but the injury is above the knee and does not appear to be grievous.

From the report, which has been annexed with the bail application, it appears that there is no bony injury on the informant.

It has further been submitted on behalf of the petitioner that because of a dispute over the execution of Nal-Jal project, the petitioner has been falsely implicated in this case.

However, taking into account the nature of accusation against the petitioner, I am not inclined to grant him anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below, after taking into account the nature of injury, the circumstance and the possibility of false implication, shall pass orders in

Patna High Court CR. MISC. No.36914 of 2020(3) dt.25-05-2021 3/3 accordance with law, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T