Md Arsalan Siddiqui @ Arsalan @ Prince v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47189 of 2023 Arising Out of PS. Case No.-485 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Md. Arsalan Siddiqui @ Arsalan @ Prince S/O Late Md Anwarul, Resident of Village- Bikrampur Bandey Dih, Ps. Samastipur Muffasil, Dist. Samastipur ... ... Petitioner

Versus

The State Of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Samastipur Muffasil P.S. Case No.- 485 of 2021 registered for the offences punishable under Sections 341, 323, 324, 326, 307, 504, 506, 34 of the Indian Penal Code and under Section 27 of the Arms Act. He has got no criminal antecedent.

3.Learned counsel for the petitioner submits that on 06.08.2021 when the informant had gone to fetch milk from a nearby Bandey Chowk, while he was returning, the petitioner with an intention to kill, open fired on him which caused injury on teeth and upper lip of the informant.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.47189 of 2023(2) dt.11-08-2023 2/3 petitioner is innocent and has been falsely implicated in this case. It is submitted that no grievous injury has been caused to the informant.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the allegation that this petitioner with an intention to kill, opened-fire upon the informant with a pellet which hit the mouth of the informant and the pellet passed away pricking his upper lips and damaged three teeth, taking note of the nature of injury and the kind of weapon alleged to have been caused and used by the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is refused.

8. In case the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer shall be considered on its own merit without being prejudice by the order of this Court.

9. This application stands disposed of.

(Rajeev Ranjan Prasad, J) tusharika/- U T

Patna High Court CR. MISC. No.47189 of 2023(2) dt.11-08-2023 3/3