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Patna High CourtCR. MISC./8973/2021dismissed

Tinku Singh v. The State Of Bihar

2022-02-08Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8973 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== Tinku Singh Son of Anil Kumar Singh @ Anil Singh, Resident of Mohalla - Gopalganj Road Buxariya Tola Manpur, P.S.- Buniyadganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr. Neeraj Kumar Mr. Upendra Kumar Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-02-2022 Heard the learned counsel for the petitioner and the learned counsel for the informant through video conferencing. The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

The petitioner apprehends his arrest in connection with Buniyadganj P.S. Case No. 125 of 2020 registered for offence punishable under sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and section 27 of the Arms Act. As per allegation, the informant was going by his motor cycle and injured Uttam Kumar was also accompanying him by Scooty. When they reached near Shiv Mandir, 10-12

Patna High Court CR. MISC. No.8973 of 2021(4) dt.08-02-2022 2/2 unknown persons stopped them and they started assaulting them. One of them fired shot on Uttam Kumar with his pistol, which hit him and he fell on the ground.

The learned counsel for the informant at the very outset has submitted that the process under section 82/83 Cr.PC. has been issued, which is substantiated by paragraph no. 114 of the case diary.

Considering the fact that the process under section 82/83 Cr.PC has been issued, the present anticipatory bail petition, as per the decision of the Hon'ble Supreme Court, is not maintainable. Accordingly, it is rejected. (Nawneet Kumar Pandey , J) Mahesh/- U T