Dilip KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40124 of 2026
                     Arising Out of PS. Case No.-244 Year-2025 Thana- BARGAINIA District- Sitamarhi
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                 Dilip Kumar S/O Feku Mahto R/O village- Ranjitpur Shivnagar @ Shivnagar
                 @ Riga Tole Shivnagar, P.S.- Riga, Dist.- Sitamarhi

                                                                                     ... ... Petitioner
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mr.Uday Chand Prasad, APP
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                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Bairganiya P.S. Case

                   No. 244 of 2025 registered for the offences punishable under

                   Sections 126, 109, 61(2)(a) of the Bhartiya Nyay Sanhita, 2023

                   (in short, the ‘B.N.S.’) and section 25(1-b)a, 26, 27 of the Arms

                   Act.

                             3. As per FIR, petitioner alleged to open fire on the head

                   of the informant who is none but the maternal uncle of the

                   petitioner. The alleged firing caused bullet injury on the head of

                   the informant.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that informant is the maternal uncle of this petitioner
           Patna High Court CR. MISC. No.40124 of 2026(2) dt.23-06-2026
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                     who was earlier working in the garage of the informant and after

                     sometime when he decided to open his own garage in same

                     locality, out of business rivalry, the petitioner was implicated

                     falsely in the present crime in question. Petitioner claimed clean

                     antecedent.

                              5. Learned A.P.P. for the State, while opposing the

                     prayer for anticipatory bail of the petitioner, submitted that

                     allegation as to open fire upon the informant, which caused

                     bullet injury on his head, is specifically available against this

                     petitioner.

                              6. In view of the aforesaid factual submissions and by

                     taking note of the fact as allegation qua firing hitting to the head

                     of the informant is specifically available against this petitioner,

                     accordingly, prayer of anticipatory bail of the petitioner stands

                     rejected.

                              7. If the petitioner surrenders before the learned trial

                     court and prays for regular bail, the learned trial court may

                     dispose the petition expeditiously in accordance with law.


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T