Abhishek Kumar @ Bhullu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10014 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- TEGHRHA District- Begusarai ====================================================== 1.
Abhishek Kumar @ Bhullu Son Of Kaushal Kumar Singh Resident Of Village- Bajalpura, P.S- Teghra, Dist- Begusarai 2.
Bishal Kumar @ Vishal Kumar @ Goni Son Of Kaushal Kumar Singh Resident Of Village- Bajalpura, P.S- Teghra, Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udbhav, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of gun shot firing made by the unknown miscreants upon the relative of the informant which hit on the body of injured Sudip Kumar @ Chhotu and the name of the petitioners and other accused persons were disclosed by the witnesses during investigation.
It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case and
Patna High Court CR. MISC. No.10014 of 2022(3) dt.13-09-2022 2/3 petitioners are not named in the FIR. He further submits that an altercation took place on the date of occurrence between the informant and other accused persons. The informant in this case is one Bhola Singh who along with his relatives had gone to the house of one Kaushal Kishore Singh and started pelting bricks, stones etc and also indulged in abusing and during that course, Kaushal Kishore Singh and his family members assembled and restorted to firing as a result of which, Sudip Kumar @ Chhotu received injury on his right hand and from both sides cases were lodged. He further submits that Kaushal Kishore Singh who has been made accused during investigation has also lodged a case bearing Teghra P.S. Case No. 224 of 2021 against unknown persons.
He further submits that he has no concern with the commission of the present offence. He next submits that there is no specific overt-act of firing against the petitioners and there is general and omnibus allegation against them. He also submits that injury sustained on shoulder by the victim is simple in nature as opined by the doctor. Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid submissions, let the petitioners, above named in the event of their arrest or surrender
Patna High Court CR. MISC. No.10014 of 2022(3) dt.13-09-2022 3/3 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, Begusarai in connection with Teghra P.S. Case No. 223 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T