Vicky Kumar @ Bickki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41390 of 2023 Arising Out of PS. Case No.-96 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== VICKY KUMAR @ BICKKI KUMAR Son of Guddu Singh @ Manoj Singh Resident of village - ward no. 11, Bhavanandpur, Ramdiri, P.s. - Matihani, Distt. - Begusarai ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 341 and 385/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioner is that he fired upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the doctor has found a cut and lacerated wound as well as he has opined it to be a simple in nature. He submits that the investigating officer of the case has examined two persons other than the informant but none of

Patna High Court CR. MISC. No.41390 of 2023(2) dt.08-08-2023 2/2 them are the eye witnesses. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is specific allegation against the petitioner to fire upon the informant, I am not inclined to enlarge the petitioner on bail in connection with Matihani P.S. Case No. 96 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

(Anjani Kumar Sharan, J) ajay/- U T