Prabhakar Kumar @ Prabhakar Singh @ Prabhakar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50880 of 2024 Arising Out of PS. Case No.-108 Year-2023 Thana- NTPC KHAIRA District- Aurangabad ====================================================== Prabhakar Kumar @ Prabhakar Singh @ Prabhakar Kumar Singh Son of Harendra Singh Resident of Vill- Dhawan, P.O.- Durgadih, P.S.- Bikramganj, District- Rohtas, Bihar- 802212.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anshul Kumar, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 27-09-2024 Heard Mr. Anshul Kumar, learned counsel for the petitioner and Mr. Lalan Kumar, learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with N.T.P.C. Khaira P.S. Case No. 108 of 2023 registered for the offences punishable under Sections 341, 323, 307, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act. He has got no criminal antecedent.

3. As per the prosecution story, on 05.12.2023 at 5:00 P.M., the petitioner and the co-accused Lankesh Kumar, came at the house of the informant and the petitioner fired at the informant which hit his abdomen and he fell down. It is alleged that the said occurrence took place because the brother of the informant Harendra Singh got mutated the share of the land of the informant in favour of his two sons, namely, Prabhakar

Patna High Court CR. MISC. No.50880 of 2024(2) dt.27-09-2024 2/2 Singh and Lankesh Singh.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the informant and the accused persons are own gotiyas.

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

6. Having regard to the specific allegation that this petitioner shot at the victim on his abdomen and the injured who is himself the informant in this case, died later on, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.

7. At this stage, learned counsel for the petitioner seeks permission to withdraw this bail application.

8. Permission is granted.

9. The present application stands dismissed as withdrawn.

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