Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51335 of 2024 Arising Out of PS. Case No.-1173 Year-2023 Thana- DANAPUR District- Patna ====================================================== Bittu Kumar Son of Biteshwar Rai Resident of Nasriganj Murgi Farm, P.S. - Danapur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binayak Shrivastava, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-08-2024 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Danapur P.S. Case No.1173 of 2023, registered for the offences punishable under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code .

3. As per the allegation made in the FIR, the petitioner in a planned manner along with the other co-accused persons had snatched the gold chain of the informant, as well as, he had attempted to snatch the key of the vehicle and when the informant resisted, the petitioner including the other co-accused person assaulted the informant. The specific allegation against the petitioner is that of causing injury on the head of the informant by means of 'Butt' portion of the pistol.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he is not

Patna High Court CR. MISC. No.51335 of 2024(2) dt.28-08-2024 2/2 involved in the alleged incident as narrated in the FIR.

5. Learned counsel further submitted that in fact the informant had met with an accident and sustained injury for which the petitioner cannot be blamed.

6. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

7. Having considered the rival submissions made on behalf of the parties, as well as, the nature of the allegation as alleged against the petitioner and also taken into consideration the information as contained in the impugned order that the victim was taken for treatment to PMCH for head injury, I am not inclined to enlarge the petitioner on pre-arrest bail, however, the petitioner, if so advised, may file regular bail application before the learned district court and the learned district court is directed to hear the regular bail application on the same day of its filing.

8. Accordingly, the present bail application filed on behalf of the petitioner is rejected.

(Purnendu Singh, J) Chn/durgesh U T