Patna High Court – Orders
Mohit Kumar vs The State Of Bihar on 7 March, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10734 of 2025 Arising Out of PS. Case No.-471 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Mohit Kumar S/o- Rajesh Saw resident of Village- Mahsai PS- Rajauli Dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Advocate Mr. Kumud Kishore, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 2 07-03-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Rajauli P.S. Case no.471 of 2024, registered under sections
191(2), 191(3), 190, 126(2), 115(2) and 109 of the Bhartiya
Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said to
have resorted to firing resulting in gunshot injury in the leg of
the father of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Referring to
the injury report brought on record as Annexure-2 to the
petition, it is submitted that there is no gunshot injury in the leg.
Patna High Court CR. MISC. No.10734 of 2025(2) dt.07-03-2025
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It is further submitted that a number of co-accused have
been enlarged on anticipatory bail. The petitioner undertakes to
cooperate in the case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P for the State.
6. Having heard learned counsel for the parties and
taking into consideration the direct allegation against the
petitioner in the F.I.R wherein he is said to have resorted to
firing resulting in gunshot injury in the leg of the informant
together with mention of the injury report in the order of the
learned Court below wherein corresponding gunshot injury has
been found, the Court is not inclined to enlarge the petitioner on
anticipatory bail and the application is rejected.
7. The petitioner is directed to surrender in the learned
Court below within a period of four weeks.
(Partha Sarthy, J)
Shiv/-
U T