Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73741 of 2024 Arising Out of PS. Case No.-228 Year-2024 Thana- BIHTA District- Patna ====================================================== Manoj Kumar Son of Late Jawala Prasad Resident of Village- Lekhan Tola, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and Mr. Ashok Kumar Sinha, learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354 and 34 of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that petitioner along with his wife on 06.03.2024 came to his house at 11:00 a.m. and petitioner without any reason assaulted the mother of the informant causing injury on her head and when the son of the informant went to save his grandmother, petitioner shot his son (Deepu) on right side of his waist and thereafter both fled away and the petitioner even fired in the air

Patna High Court CR. MISC. No.73741 of 2024(2) dt.24-01-2025 2/2 while feeling away.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case on account of existing dispute.

5. Learned counsel appearing on behalf of the informant submits that there is specific allegation against this petitioner of assaulting the mother of the informant on her head causing injury and thereafter is alleged to have fired at the son of the informant causing firearm injury on his waist. It is further submitted that even the injury report corroborates the allegation of firing as alleged in the FIR.

6. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Bihta P.S. Case No. 228 of 2024 pending in the Court of learned Additional Chief Judicial Magistrate, Danapur, Patna/Successor Court.

7. Accordingly, the prayer for anticipatory bail is rejected.

(Satyavrat Verma, J) Kundan/- U T