Anish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3992 of 2024 Arising Out of PS. Case No.-1098 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== ANISH KUMAR S/O CHANDRASHEN KUMAR R/O VILLAGECHECHAUL, P.S- NAUBATPUR, DISTT.- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar Pathak, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in connection with Phulwari Sharif (Janipur) P.S. Case No. 1098 of 2021 dated 14.12.2021 registered for the offence/s punishable u/ss 302 and 120B read with section 34 of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, two unknown miscreants came in the office of the informant's husband and after saluting, shot him dead on account of political rivalry.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of
Patna High Court CR. MISC. No.3992 of 2024(3) dt.10-04-2024 2/2 the petitioner has sprung up in the confessional statement of the co-accused Omkar. Similarly situated co-accused has already been granted regular bail by this court vide order dated 20.03.2023 passed in Cr. Misc. No. 65598 of 2022. The petitioner has one more criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the material on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Phulwari Sharif (Janipur) P.S. Case No. 1098 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T