Brajesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.353 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- AGRER District- Rohtas ====================================================== BRAJESH PANDEY, S/o Late Ramshringar Pandey R/o Pauthu, P.S.- Jamhor, Distt- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwajeet Kumar Mishra- Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-06-2021 Heard Mr. Vishwajeet Kumar Mishra, the learned Advocate for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Agrer P. S. Case No.39 of 2020, instituted for the offences under Sections 147, 148, 149, 307, 323, 341, 354, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner amongst 17 persons is said to have come to the house of the informant and he in particular is alleged to have fired from a weapon leading to injuries on the son of the informant.

Mr. Mishra, the learned Advocate for the petitioner has submitted that the injury report is in the nature of certificate

Patna High Court CR. MISC. No.353 of 2021(2) dt.24-06-2021 2/2 which gives an impression that it has been prepared in a different state collusively.

In any view of the matter, considering the nature of accusation against the petitioner, I am not inclined to grant anticipatory bail to him.

The prayer for anticipatory bail is rejected. While saying so, this Court has also taken note of the fact that the petitioner was earlier made accused in a criminal case about which there is a reference in Paragraph-3 of the bail petition.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) vikash/- U T