Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11962 of 2024 Arising Out of PS. Case No.-271 Year-2023 Thana- KAKO District- Jehanabad ====================================================== 1.
Arun Kumar S/o Mohan Yadav Resident village Salempur, P.S- kako (Bhelawar O.P.), Dist Jehanabad 2.
Hathiya @ Deepak Kumar S/o Raju Yadav R/o vill-Vanshraj Bigha, P.SMakhdumpur, District-Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 452, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in brief, is that on 10.08.2023 at about 07:00 hours, when the informant was going to his Dalan from his house, all the FIR named accused persons came there and started abusing the informant and when the informant opposed, petitioner no.1 along with other unknown persons came at the house of the informant and opened fire from pistol
Patna High Court CR. MISC. No.11962 of 2024(2) dt.12-03-2024 2/3 and also threatened to kill the informant and his family members.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and they have committed no offence. No such occurrence as alleged ever took place. They have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is case and counter case between the parties. No person got injured in the alleged occurrence. Petitioner no.2 has no criminal antecedent, whereas no.1 has criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as no person was injured in the alleged occurrence, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Kako (Bhelawar O.P.) P.S. Case No. 271 of
Patna High Court CR. MISC. No.11962 of 2024(2) dt.12-03-2024 3/3 2023, subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T