Patna High CourtCR. MISC./69407/2019dismissed

Nikku Kumar v. The State Of Bihar

2019-11-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69407 of 2019 Arising Out of PS. Case No.-240 Year-2019 Thana- MAHUA District- Vaishali ====================================================== NIKKU KUMAR Son of Vindeshwar Ray Resident of Village-Sadapur Mahua, P.S.-Mahua, District-Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Mahua P.S. Case No. 240 of 2019 registered for the offences punishable under Sections 341, 323, 307, 379, 427, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR while the informant was coming petitioner and other accused persons surrounded him and there is allegation against the petitioner of firing and causing injury on the left ankle of the informant and also there is allegation of snatching of Rs.65,000/- from his motorcycle. Submission of learned counsel for the petitioner is that earlier two cases have been lodged against the informant by one of the sisters of the petitioner and another by father of petitioner and one of the cases is at the stage of recording

Patna High Court CR. MISC. No.69407 of 2019(2) dt.05-11-2019 2/2 statement under Section 313 Cr.P.C. and just to save their skin from that case the present case has been lodged. Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail on the ground that informant has received firearm injury and there is allegation against the petitioner of firing. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T