Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6378 of 2022 Arising Out of PS. Case No.-145 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== AMIT KUMAR Son of Shivnaresh Chaurasia Resident of Village - Santar Muhalla, Ward No. 13, P.S. and District - Lakhisarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mayank Bilochan, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 324, 326, 307 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, some unknown persons shot fire to the brother of the informant with an intention to kill him causing fire arm injury on his head and neck. He was taken to Rajeshwar Hospital but at the that time, he was not in a position to give fardbeyan.

It is submitted by learned counsel for the petitioner that the petitioner have falsely been implicated in this case. He further submits that after two years of the statement of the injured was recorded, where he has not taken the name of the petitioner but in his re-statement, he has taken the name of the

Patna High Court CR. MISC. No.6378 of 2022(3) dt.03-08-2022 2/2 petitioner. Police has recorded the statement of injured on 03.04.2017 which is mentioned in para-101 of the case diary, in which he has disclosed that Bablu Ram, Dev Kumar, Chandan Daas suddenly started to assault by fist and slaps. There is no direct allegation or evidence against the petitioner. He further submits that similarly situated co-accused has been granted anticipatory bail by this Court passed in Cr. Misc. No. 5529 of 2021.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned CJM, Lakhisarai in connection with Lakhisarai P.S. Case No. 145 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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