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Patna High CourtCR. MISC./62601/2023bail rejected

Navin Kumar @ Navin Singh v. The State Of Bihar

2023-10-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62601 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- MAIN P.S. District- Gaya ====================================================== NAVIN KUMAR @ NAVIN SINGH SON OF SRI RAM NIWAS SHARMA VILLAGE- SAMSARA PS MEN/MAIN, DIST- 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. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-10-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Men/Main Police Station Case No. 132 of 2022, disclosing offences under Sections 147, 148, 149, 341, 452, 504, 506, 427, 307 of the Indian Penal Code.

3. As per the First Information Report lodged by the informant Chinta Devi is that on 13.11.2022, in the night, at about 12:15 am, ten accused persons, including the petitioner, arrived at the house of the informant with arms and ammunition and started firing on her house and cowshed with an intention to kill the informant and her son, Jitendra Sharma. While returning, they threatened to kill the son of the informant if he would not take back the case lodged by him and is also alleged by the informant that the accused persons threatened her and

Patna High Court CR. MISC. No.62601 of 2023(2) dt.17-10-2023 2/2 said that they are the member of miscreant group called T.P.C. and they would kill her son anytime they want.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous land dispute between them prior to lodging of FIR, the father of the petitioner lodged a complaint against the informant's family alleging that the land of the complainant's brother was fraudulently transferred in favour of the daughterin-law of the informant. He further submits that an FIR, bearing FIR No. 122 of 2022, was also lodged by the father of the petitioner against the associates of the son of the informant in which the petitioner's family was brutally assaulted.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that police seized used cartridges and also found the sign of firing on the house of the informant and further the petitioner is having six criminal antecedents, I am not inclined to grant the petitioner, privilege of anticipatory bail.

(Anil Kumar Sinha, J) HarshPandey/- U T