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Patna High CourtCR. MISC./7150/2023allowed

Kishan Kumar @ Satyajit Kumar v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7150 of 2023 Arising Out of PS. Case No.-22 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== KISHAN KUMAR @ SATYAJIT KUMAR S/O LATE SUSHANT SINGH Resident of village- Rahimpur Charkhuti, P.S.- khagaria (Muffasil), DistrictKhagaria (Bihar). ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishweshwar Ram, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147,148, 149, 341, 323, 325, 307, 379, 448, 504, 506 of the Indian Penal Code. Allegedly, petitioner along with other accused persons committed loot in the house of the informant. On protest, Ayush Kumar and Saurav Kumar, with an intention to kill, assaulted the informant with iron rod. In the meantime, Gaurav Kumar fired due to which Love Kumar got injured.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.7150 of 2023(2) dt.13-04-2023 2/2 implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation of firing against one Gaurav Kumar. Petitioner has four criminal antecedents as mentioned in para-3 of this application. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, 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 Khagaria (Muffasil) P.S. Case No. 22 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T