Piyush Kumar @ Piyush Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4286 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- BUXAR District- Buxar ====================================================== Piyush Kumar @ Piyush Rai S/o- Gauri Shankar Rai @ Gauri Shankar Ray Resident of village- Mogodehari PS- Rajpur District- Buxar at present Resident of Jail Road Gayatri Nagar Sumeshwar Sthan PS- Buxar Town District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the allegation against the petitioner and other co-accused is that they have fired upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that,

Patna High Court CR. MISC. No.4286 of 2024(2) dt.17-02-2024 2/2 from bare perusal of the F.I.R., it appears that there is no specific overt act against the petitioner. He further submits that allegation against the petitioner along with other co-accused persons is that they have fired upon the informant, however, informant has not sustained any firearm injury. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Buxar Nagar P.S. Case No. 167 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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