Mitthu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84638 of 2024 Arising Out of PS. Case No.-348 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== Mitthu Kumar Son of Pankaj Choudhary Resident of Village-Godhna, Ward No. 10, P.S. Bachhwara, Dist. Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar Sinha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 115(2), 127(1), 109, 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. Petitioner along with other accused persons are said to have fired over the informant's nephew.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the petitioner is only the member of unlawful assembly. He further submits that there is specific allegation against co-accused Aman Kumar. He further submits that petitioner has one

Patna High Court CR. MISC. No.84638 of 2024(2) dt.12-12-2024 2/2 criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bachhwara P.S. Case No. 348 of 2024.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

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