Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6799 of 2022 Arising Out of PS. Case No.-115 Year-2021 Thana- BHAGWANPUR District- Begusarai ====================================================== 1.

AMIT KUMAR SON OF LATE ARVIND SINGH RESIDENT OF VILLAGE- PALIDIH, P.S. BHAGWANPUR, DISTRICT- BEGUSARAI 2.

HIMANSHU RAJ SON OF LATE ARVIND SINGH RESIDENT OF VILLAGE- PALIDIH, P.S. BHAGWANPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kapil Deo Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Bhagwanpur P.S. Case no. 115 of 2021 instituted for the offence punishable under Section 395 of the Indian Penal Code. As per allegation in the FIR, while the informant was talking with someone about the marriage of his daughter, several accused persons including the petitioners came there with pistol in their hands and Ankur Kumar fired upon the informant which hit none and on the gun point, they looted Rs. 5,50,000/- from his house.

Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.6799 of 2022(3) dt.23-08-2022 2/2 has submitted that petitioners are innocent and have committed no offence. Specific allegation of firing is against Ankur Kumar and not against the petitioners. No one has received gun shot injury. General and omnibus allegations have been levelled against them. Due to dirty village politics both are falsely implicated in this case.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Bhagwanpur P.S. Case no. 115 of 2021, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U