Mohan Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4997 of 2022 Arising Out of PS. Case No.-502 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== 1.

MOHAN KUMAR @ GUDDU S/o- Dashrath Ram Resident of VillageNijiv Nagar, Gonawan, P.S.- Harnaut, District- Nalanda. 2.

Vivek Kumar @ Vivek Ram S/o- Dharamveer Ram Resident of VillageGokhulpur, Basniyawan, P.S.- Harnaut, District- Nalanda. 3.

Ajay Ram S/o- Dashrath Ram Resident of Village- Najeev Nagar, Gonawan, P.S.- Harnaut, District- Nalanda.

4.

Satya Prakash S/o- Vijay Prasad Resident of Village- Jorarpur, Daili, P.S.- Harnaut, District- Nalanda.

5.

Bipul Kumar @ Bipul Singh S/o- Anil Singh R/o Village- Birampur, P.S.- Harnaut, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 324, 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is a case of firing upon the informant who sustained gun shot injury by the petitioners along with other accused persons.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.4997 of 2022(2) dt.02-08-2022 2/2 further submits that this case has been lodged against unknown persons and during investigation, the name of the petitioners came into light. He further submits that there is no specific allegation against the petitioners of firing upon the informant. He further submits that there is no direct evidence against them and good sense has prevailed between the parties as is evident vide Annexure-2 to this petition.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda in connection with Harnaut P.S. Case No. 502 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Brajesh Kumar/- (Sunil Kumar Panwar, J) U T