Patna High CourtCR. MISC./73614/2023rejected

Vikash Singh @ Vikash Mohabiya v. The State Of Bihar

2023-11-09Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73614 of 2023 Arising Out of PS. Case No.-322 Year-2021 Thana- RAJAPAKAR District- Vaishali ====================================================== Vikash Singh @ Vikash Mohabiya Son of Vinod Singh @ Mohabiya R/ovillage- Teliya, P.S.- Rajapkar, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rupa Kumari, Advocate For the Opposite Party/s :

Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-11-2023 Heard Mrs.Rupa Kumari, learned counsel for the petitioner and Mr.Rajiv Nayan, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Rajapakar P.S.Case No.322 of 2021, FIR dated 21.11.2021 registered for the offences punishable under Sections 147,148,149,342,341,324,307 of IPC and Section 27 of the Arms Act`.

3. Allegation against the petitioner is that he fired upon the informant whereafter he got injuries and blood started oozing out.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the

Patna High Court CR. MISC. No.73614 of 2023(2) dt.09-11-2023 2/2 FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that from a bare perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he and other co-accused person fired upon the informant and the informant has received grievous injury.

6. Considering the aforesaid fact and there is direct and specific allegation against the petitioner that he and other co-accused person fired upon the informant, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Rajapakar P.S.Case No.322 of 2021 pending in the court of learned A.S.J.-II, Vaishali at Hajipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U