Patna High CourtCR. MISC./3223/2019bail granted

Abhishek @ Bittu Thakur v. The State Of Bihar

2019-01-24Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3223 of 2019 Arising Out of PS. Case No.-602 Year-2018 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== Abhishek @ Bittu Thakur son of Late Yaduvansh Thakur Resident of VillageKusi Harpur Ramni, P.S.- Kanti, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar @ Sanidh, Advcoate For the Opposite Party/s :

Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Kanti P.S. Case No. 602 of 2018 registered under Sections 307 the Indian Penal Code and Section 27 of the Arms Act. It is submitted by the learned counsel for the petitioner that there is considerable delay in institution of the FIR. The reason behind the false implication of the petitioner, who has no criminal antecedent, is that the informant had borrowed money in cash from his father a year ago. When the informant refused to return the amount and, on demand, insulted his father, on protest made by the petitioner he has been falsely implicated in this case. He contended that it is not believable that repeated firings made from a close range would not hit

Patna High Court Cr.Misc. No.3223 of 2019(2) dt.24-01-2019 2/2 anyone.

On the other hand, learned counsel for the State submitted that though no injury has been caused to anyone, there is allegation that the petitioner opened fire twice. Considering that no one was injured in the incident and the petitioner has got no criminal antecedent, as stated in para-3 of the application, in the event of arrest or surrender before the court below,he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M (West) Muzaffarpur in connection with Kanti P.S. Case No. 602 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md. S/SKSuman.

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