Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43084 of 2019 Arising Out of PS. Case No.-215 Year-2019 Thana- MAHUA District- Vaishali ====================================================== 1.

Rishi Kumar, S/o Shatrudhan Sharma, R/o Village- Chaksaid, P.S.- Rajapakar, District- Vaishali.

2.

Ajeet Ranjan, S/o Shatrudhan Sharma, Resident of Village- Chaksaid, P.S.- Rajapakar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Singh For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-07-2019 This is an application for grant of anticipatory bail in connection with Mahua P.S. Case No. 215 of 2019, disclosing offences under Sections 384, 307, 34 of the IPC and Section 27 of the Arms Act.

Written report disclosed that while the informant was coming out, the petitioner no.1 came with Alto Car and forcibly lifted him in the car and tried to flee away from there and threatened him that he will be killed and the dead body will be thrown in the tank. It is also submitted that the said Alto car has met with an accident with a motorcycle and thereafter, local people assembled there and he informed about the same to his brother. Further allegation is that father of petitioner no.2 asked to fire on that petitioner no.2 fired, which hit a shopkeeper and

Patna High Court CR. MISC. No.43084 of 2019(2) dt.12-07-2019 2/2 again brother Ajeet Ranjan has fired.

Submission of the learned counsel for the petitioners is that a counter case has also been lodged by the petitioners side in which the petitioner no.1 has also received injuries and in this case, injuries are simple in nature.

Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that there is allegation of Rangdari and for which, the petitioners have tried to kidnap the informant and there is allegation against the petitioner no.2 is also of firing. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T