Chhote Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4076 of 2024 Arising Out of PS. Case No.-311 Year-2024 Thana- DHANARUA District- Patna ====================================================== Chhote Kumar S/O Chhotan Prasad @ Gorakh Prasad Resident of Chakjohra, P.S.- Dhanarua, Distt.- Patna.

... ... Appellant

Versus

1.

The State of Bihar 2.

Vijay Paswan S/O Late Chanardeep Paswan @ Chandradip Paswan R/O Sonmai, P.S- Dhanarua, Distt.- Patna.

... ... Respondents ====================================================== Appearance :

For the Appellants :

Mr. Lallu Prasad, Advocate For the State :

Mr. Sadanand Paswan, Spl. P.P.

For the Opp. Party No.2 :

Mr. Sailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-11-2025 Heard learned counsel for the appellant, learned Spl. P.P. for the State and learned counsel for the opposite party no.2.

2.

This appeal is directed against the order dated 26.07.2024 passed by the learned Exclusive Special Judge, S.C./S.T. Act, Patna, in Dhanarua P.S. Case No.311 of 2024 registered for the offence under sections 341, 323, 324, 307, 379, 427, 504, 506 of the Indian Penal Code, under section 27 of the Arms Act and under sections 3(1)(r)(s)/3(2)(va) of the S.C./S.T. Act, by which the prayer of the appellant for grant of anticipatory bail has been rejected.

3.

As per the F.I.R. all the accused persons

Patna High Court CR. APP (SJ) No.4076 of 2024(3) dt.12-11-2025 2/2 including the appellant have abused the informant by denoting his case name and thereafter they fired upon the victim. 4.

The motorcycle belonging to the accused persons and used cartridges were produced by the prosecution before the police.

5.

Considering the nature of allegation levelled against the appellant, I am of the view that the present anticipatory bail is not maintainable and on merits also it is not a fit case for grant of anticipatory bail to the appellant. Accordingly, this appeal is dismissed. The appellant is directed to surrender before the court below within four weeks from today, failing which, the Senior Superintendent of Police, Patna will take appropriate steps for arresting the appellant. 6.

Let a copy of this order be communicated to the Senior Superintendent of Police, Patna forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T