(1.) The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Phenhara P.S. Case No.51 of 2025, dated-14/3/2025, registered for the offences punishable under Ss. 126(2), 115(2), 118(1), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Ss. 25(1- b)a and 26 of the Arms Act.
(2.) The prosecution case, as emerging from the written report, is that when Shivam Kumar, son of the informant was coming back after shopping, the Petitioner attacked him with pistol and knife. However, he was overpowered by his son and two nephews, who were just behind his son. Even a co-villager, Abhinandan Singh also reached the place of occurrence and pistol was snatched from the Petitioner. However, the Petitioner fled away leaving behind his motorcycle bearing Registration No. BR05-BG-9485. The pistol, knife and the motorcycle were handed over to the police.
(3.) Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the Petitioner first moved the Court of Sessions Judge, East Champaran, Motihari by way of anticipatory bail petition bearing no. 1523 of 2025, which was disposed of by learned Sessions Judge in terms of the observation made by a co- ordinate Bench of this Court in Asha Baitha vs. State of Bihar bearing Criminal Miscellaneous Case No.44659 of 2024 as reported in 2024 SCC Online Pat 5670. The observation made in Asha Baitha case (supra) is as follows: