Ashu @ Ashu Singh @ Ashu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63733 of 2023 Arising Out of PS. Case No.-260 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Ashu @ Ashu Singh @ Ashu Kumar Singh Son Of Nirmal Kumar Singh R/O Vill - Nala More, P.S. - Ara Nagar, Distt. - Bhojpur ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Petitioner is said to have shot on the informant with katta from behind and the bullet hit in his left scapula due to which he became injured and blood started oozing.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no eye witness of the occurrence. He submits that the petitioner is a student and the case has been compromised between the parties. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.63733 of 2023(4) dt.10-04-2024 2/2
5. Learned APP for the State opposes the prayer for bail submits that the injury found upon the victim is grievous in nature.
6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Ara Nagar P.S. Case No. 260 of 2023.
7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is a student and the case has been compromised between the parties. (Anjani Kumar Sharan, J) devendra/- U T