Banti Kumar @ Mithilesh Chourasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55812 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Banti Kumar @ Mithilesh Chourasiya Son Of Suresh Chourasiya @ Suresh Prasad Chourasiya @ Suresh Prasad Resident Of Village- Bari Malia, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harish Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2022 Heard both parties.

The petitioner apprehends his arrest in Gogri P.S. Case No. 54 of 2021, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, petitioner fired upon the informant which hit in his back portion.

It is submitted that occurrence is said to have taken place in the dark night and there was no means of identification and injury report does not corroborate the prosecution case. Petitioner has got no criminal antecedent.

Counsel for the State opposed the prayer for bail and submitted that petitioner is one of the assailant and there is

Patna High Court CR. MISC. No.55812 of 2021(2) dt.28-06-2022 2/2 specific and direct allegation of causing firearm injury which is found to be grievous in nature.

Considering the facts aforesaid and gravity of offence, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T