Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64795 of 2023 Arising Out of PS. Case No.-119 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Suraj Kumar S/O Sri Ravi Ranjan Kumar @ Ravi Ranjan Singh R/O VillageGaniyari, P.S- Sakra, Distt.- Muzaffarpur At Present Resident Of Mohalla Bela, P.S- Bela, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr. Thakur, Adv.

Ms. Vaishnavi Singh, Adv.

Mr. Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 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 Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioner is said to have fired upon the informant resultantly the informant sustained two bullet injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. He submits that there is no specific overt act against the petitioner. He submits that similarly

Patna High Court CR. MISC. No.64795 of 2023(3) dt.30-01-2024 2/2 situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 28.08.2023 passed in Cr. Misc. No. 45471 of 2023. He further submits that petitioner has criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

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 Maniyari P.S. Case No. 119 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.

(Anjani Kumar Sharan, J) devendra/- U T