Rikesh Kumar @ Rikesh Kumar Shrivastav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75060 of 2022 Arising Out of PS. Case No.-809 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== RIKESH KUMAR @ RIKESH KUMAR SHRIVASTAV Son of Shambhu Prasad Resident of Village- Madhopur, P.S.- Turkauliya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354, 504, 506 of the Indian Penal Code and 27 of Arms Act.

The allegation against the petitioner is that he opened fire upon the informant due to which he sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.75060 of 2022(2) dt.24-03-2023 2/2 petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the medical report has also supported the prosecution case.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly, dismissed.

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