Suraj Kumar @ Billa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57635 of 2019 Arising Out of PS. Case No.-387 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Suraj Kumar @ Billa, Son of Late Kameshwar Chaudhary, Resident of Mohalla-Babupath Dupulawa, Police Station-Jakkanpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 307, 386 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the F.I.R. the petitioner is alleged to have demanded rangadari of Rs. 50,000/- from the informant and on the informant not giving the same, along with his accomplices said to have fired on the informant which missed. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R. itself the allegation appears to be false for the reason that there is no injury caused to the informant and further that it was the informant himself who has taken the

Patna High Court CR. MISC. No.57635 of 2019(4) dt.14-02-2020 2/2 empty cartridge to the police. It is submitted that it is case of false implication.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the direct allegation against the petitioner of having fired on the informant, this Court is not inclined to enlarge the petitioner on bail and hence the application for anticipatory bail is rejected.

The petitioner is directed to surrender within a period of six weeks. In case the petitioner surrenders within the aforesaid period and prays for regular bail, the application for bail shall be considered without being prejudiced by this order of rejection. (Partha Sarthy, J) Bibhash/- U T