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Patna High CourtCR. MISC./56495/2023dismissed

Suraj Kumar @ Suraj Gope @ Bhainsiya v. The State Of Bihar

2023-08-30Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56495 of 2023 Arising Out of PS. Case No.-85 Year-2018 Thana- PATNA CITY CHOWK District- Patna ====================================================== Suraj Kumar @ Suraj Gope @ Bhainsiya Son Of Paras Gope Resident Of Village- Dira Par, Ps- Chowk, Distt- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-08-2023 Heard the learned counsel for the petitioner and the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Chawk P.S. Case No. 85 of 2018, registered for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the FIR, it is alleged that when the informant along with his family members went to see laser light, he heard the sound like cracker when he found that blood was oozing from his leg.

4. The learned counsel for the petitioner submits that the petitioner is innocent and the petitioner has falsely been implicated in this case. He further submits that the present FIR has been lodged against unknown.

Patna High Court CR. MISC. No.56495 of 2023(2) dt.30-08-2023 2/2

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.

6. However, the learned APP for the State submits that there is nothing on record to show that there is any apprehension to the petitioner to be arrested in the present case as the FIR is lodged against unknown and police is not taking any measure against him.

7. In view of the aforesaid facts and circumstances, there is no apprehension to the petitioner at this stage.

8. Accordingly, the present anticipatory bail application is dismissed as not maintainable. (Jitendra Kumar, J) Amrendra/- U T