Arjun @ Arjun Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84082 of 2024 Arising Out of PS. Case No.-186 Year-2024 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Arjun @ Arjun Kumar Yadav S/O Rajendra Yadav R/O Village- Kaushailya Chowk, Gosayi Tola, P.S- Gopalganj District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adarsh Ranjan, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Gopalganj P.S. Case No. 186 of 2024 registered for the offences punishable under Sections 324 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he injured the informant's by shooting him with a pistol.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that as per the FIR all together five
Patna High Court CR. MISC. No.84082 of 2024(2) dt.17-12-2024 2/2 persons have been made accused by name ad 20-25 unknown persons have been made accused. It is further submitted that at the time of occurrence the petitioner was not present at the place of occurrence. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that there is direct allegation of shooting against the petitioner. Hence, the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order.
(Anjani Kumar Sharan, J) Trivedi/- U T