Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49801 of 2023 Arising Out of PS. Case No.-463 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== SONU YADAV S/O Manoj Yadav R/O Village- Nouru Tola Baidyanath Bigha, P.S- Paras Bigha, Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jehanabad Town P.S. Case No. 463 of 2021 registered for the offences punishable under Sections 307, 504, 341, 323, 326/34 of the Indian Penal Code read with Section 27 of the Arms Act pending in the Court of learned Chief Judicial Magistrate, Jehanabad.

3. As per prosecution, allegation against the petitioner is of causing fire arms injury upon left palm of the informant which corroborates with the injury report of injured Sonu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.49801 of 2023(3) dt.31-10-2023 2/2 case. Petitioner has one criminal antecedent as mentioned in para-3 of this application. He further submits that the informant was to sell illicit liquor in the area and when the accused opposed him, he threatened him with dire consequences.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that petitioner is named in the F.I.R. and there is specific allegation against the petitioner is of causing fire arms injury upon left palm of the informant which corroborates with the injury report of injured Sonu Kumar.

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.

7. However, if the petitioner surrender 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) mdrashid/- U T