Brajesh Kumar @ Baijnath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10771 of 2021 Arising Out of PS. Case No.-282 Year-2019 Thana- ALOULI District- Khagaria ====================================================== BRAJESH KUMAR @ BAIJNATH KUMAR, Son of Birju Mukhiya, Resident of Village - Sardani, P.S. - Alauli, District - Khagaria ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sandip Kumar Gautam, Adv.

For the State :

Mr. Santosh Kumar Singh, APP For the Informant :

Mr. Praveen Kumar Agarwal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-12-2021 Heard Mr. Sandip Kumar Gautam, learned Advocate for the petitioner, Mr. Praveen Kumar Agarwal for the informant and Mr. Santosh Kumar Singh, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Alauli P.S. Case No. 282 of 2019 dated 15.08.2019 instituted for the offences under Sections 302, 307, 34 and 120(b) of the Indian Penal Code and 27 of the Arms Act, 1959.

The accusation in the FIR is that the brother of the informant was surrounded by approximately nine accused persons and he fired at, leading to his death. The informant, who was at a distance of about 200 meters from the deceased, has identified the petitioner and others as having resorted to firing.

Patna High Court CR. MISC. No.10771 of 2021(2) dt.21-12-2021 2/2 Considering the nature of accusation against the petitioner and the informant being an eye witness to the occurrence, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. (Ashutosh Kumar, J) Shamshad/- U T