Akash Kumar Sangdil @ Shivam Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6975 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== AKASH KUMAR SANGDIL @ SHIVAM KUMAR JHA S/O ARUN KUMAR CHUNCHUN R/O VILLAGE- KHARAUNA DIH, P.SKUDHANI, DISTT.- MUZZAFARPUR, BIHAR-843113 ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Jha, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2024 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Kudhani (Turki O.P.) PS case no. 245 of 2023, disclosing offences punishable under Sections 341, 323, 447, 307, 504/34 of the Indian Penal Code.
3.
The prosecution story, as per the First Information report, is that on 17.05.2023 in the night, petitioner along with all accused persons armed with lathi, danda, pistol and iron rod came to the door of the informant's house. When the mother of the informant opened the door, she was abused and assaulted. It has further been alleged that when the informant came out, the petitioner fired a bullet upon him, due to which, he sustained
Patna High Court CR. MISC. No.6975 of 2024(2) dt.20-02-2024 2/3 injury in the finger of right hand.
4.
Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to political rivalry as the mother of petitioner is politically active and was elected as Gram Panchayat Member and she is a social worker also. He further submits that the injury caused to the informant on his finger has been found to be simple in nature, caused by hard and blunt substance, as would be evident from the impugned order. He also submits that the injury sustained by the informant is not corroborated by the allegation made in the First Information Report.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that gun shot injury caused to the informant is simple in nature caused by hard and blunt substance, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, 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 A.C.J.M.-1st, Muzaffarpur in connection
Patna High Court CR. MISC. No.6975 of 2024(2) dt.20-02-2024 3/3 with Kudhani (Turki O.P.) PS case no. 245 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T