Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57994 of 2024 Arising Out of PS. Case No.-692 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Deepak Kumar S/o Ganesh Thakur R/o Village- Ismailpur ward no. 06, P.S.- Hajipur Sadar, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No. 692 of 2023 registered for the offences punishable under Sections 341, 323, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act. 3.

Learned counsel for the petitioner submits that petitioner has antecedent of four cases and he has been falsely implicated in the instant case by the informant with an allegation that on 6-9-2023 at about 1:30 P.M when his father was discussing about the partition dispute with his three brothers, when Ganesh Thakur, uncle of the informant, started abusing and assaulted his father with wooden stick causing injury on his hand, when informant's other uncle, Dinesh

Patna High Court CR. MISC. No.57994 of 2024(2) dt.09-08-2024 2/3 Thakur, came to save his father, he too was assaulted by Ganesh Thakur with wooden stick on his left hand causing injury and when informant tried to save his father and uncle, when Deepak and Navin, sons of Ganesh Thakur, fired resulting in two bullet injuries on his shoulder.

4.

Learned counsel for the petitioner submits that on account of dispute relating to property, the petitioner has been falsely implicated in the instant case. It is also submitted that though it is alleged that petitioner fired causing fire-arm injury to informant on his shoulder but from perusal of the injury report, it would manifest that injury is opined to have been caused by hard and blunt substance.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the injury report may not support the allegation as alleged in the FIR, but then petitioner appears to be a criminal and has antecedent of four cases and in the event if privilege of anticipatory bail is granted to the petitioner in that event he will feel emboldened to commit such occurrences.

6.

Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.57994 of 2024(2) dt.09-08-2024 3/3 7.

Accordingly the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) SUMIT/- U T