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Patna High CourtCR. MISC./67520/2021bail rejected

Sunil Prasad @ Sunil Kumar v. The State Of Bihar

2022-09-22Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67520 of 2021 Arising Out of PS. Case No.-264 Year-2020 Thana- DHANARUA District- Patna ====================================================== SUNIL PRASAD @ SUNIL KUMAR S/o Basudeo Prasad R/o Village - Chhotaki Simhari, P.S. - Dhanrua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Nandan Pandit For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 22-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned counsel for the informant.

The petitioner apprehends his arrest for the offences alleged under Sections 341, 342, 323, 307, 504, 506/34 of the Indian Penal Code and 27 of the Arms Act, registered in connection with Dhanrua P.S. Case No. 264 of 2020.

As per allegation, the named accused persons surrounded the informant and they started assaulting him. At the order of the present petitioner, co-accused Satendra Prasad opened fire and made him injured.

Learned counsel for the petitioner has submitted that some

Patna High Court CR. MISC. No.67520 of 2021(3) dt.22-09-2022 2/2 persons have been granted anticipatory bail. He has also submitted that the petitioner is not assailant rather is order giver. On the other hand, the learned counsel for the informant has opposed the prayer for bail and submitted that on order of the present petitioner, co-accused Satendra Prasad opened fire. He has also submitted that some accused persons have been granted regular bail and it is not a fit case for anticipatory bail. Considering the above-mentioned facts and circumstances, I do not think it to be a fit case for anticipatory bail. Accordingly, it is rejected.

It has been submitted that some persons have been granted regular bail. The petitioner is also directed to surrender before the court below and make a prayer for regular bail. The learned lower court shall disposed of his regular bail petition on the same day of its filing without being prejudiced by this order. Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) kundan/-sonali U T