Awdhesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80361 of 2024 Arising Out of PS. Case No.-324 Year-2024 Thana- HISUWA District- Nawada ====================================================== Awdhesh Singh Son of Umesh Singh Resident of Village- Latawar, PS- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/ :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2024 Heard Mr. Ramakant Sharma, learned Senior Counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioner is seeking for bail in connection with Hisua P.S. Case No.324 of 2024, registered for the offence punishable under Sections 147, 148, 149, 323, 307, 337, 338 of the Indian Penal Code and Section 25(i)(a), 26, 27 and 35 of Arms Act. 3.

As per the FIR, the police received information that two groups are fighting and firing at the alleged place of incidence. Thereafter, when the police party reached the place of occurrence, they recovered several empty cartridges. It is alleged that this petitioner, along with other F.I.R. named accused persons and some unknwon persons, was involved in illegal fight and

Patna High Court CR. MISC. No.80361 of 2024(3) dt.13-12-2024 2/2 firing at public place.

4.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no eye witness to the alleged occurrence. Petitioner has been made accused merely on the basis of suspicion. Petitioner has five criminal antecedent and has been in jail since 09.09.2024. 5.

Learned APP for the State opposed the prayer for anticipatory bail. 6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to grant bail to the petitioner. The prayer for bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

8.

However, petitioner is at liberty to renew his prayer of bail after framing of charge.

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