Dhirendra Raj @ Dhirendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46748 of 2023 Arising Out of PS. Case No.-216 Year-2021 Thana- CHHATAPUR District- Supaul ====================================================== Dhirendra Raj @ Dhirendra Sah Son Of Late Kapildeo Sah Resident Of Village - Pariahi, Ward No.- 01, P.S.- Chhatapur, District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Chhatapur P.S. Case No. 216 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 324, 307 of the Indian Penal Code and Section 27 of the Arms Act, pending in the Court of learned A.C.J.M.-V, Supaul.

3. As per the prosecution case, the petitioner is said to have fired upon the informant's brother.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is land dispute between the parties. He further submits

Patna High Court CR. MISC. No.46748 of 2023(3) dt.19-09-2023 2/2 that there is no eye-witness to the present case and only on the basis of suspicion, petitioner is made accused in the present case. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

5. Learned APP for the State vehemently opposing the bail petition submitted that there is specific allegation of firing and causing injury on left leg of Birendra Sah against the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) anand/- U T