Patna High CourtCR. MISC./47073/2022dismissed

Niraj Kumar v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47073 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== NIRAJ KUMAR Son of Late Satish Prasad Resident of Village - Barda, P.S.- Rani Talab, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prabhat Kishore For the Opposite Party/s :

Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner opened fire on the petitioner with country made pistol with an intention to kill him due to which a bullet hit his lower side of the knee of the right leg.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.47073 of 2022(2) dt.06-12-2022 2/2 levelled against the petitioners is not specific rather general and omnibus in nature. He submits that 3-4 months prior to lodging of the FIR an informatory petition was filed by the uncle of the petitioner against the brother in law of informant and some other co-villagers on 17.12.2021. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that there is a specific allegation against the petitioner to fire upon the informant. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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