Pintu Kumar @ Pintu Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10066 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- OBRA District- Aurangabad ====================================================== PINTU KUMAR @ PINTU SHARMA S/o Hridya Nand Sharma Resident of Village- Aranda, P.S.- Anghrahi, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Obra P.S. Case No. 304 of 2021 registered under Sections 147, 148, 149, 188 of the Indian Penal Code, Section-27/30 of the Arms Act and Section-51 of the Disaster Management Act as well as Section-3 of the Epidemic Act.

Prosecution case in short is that celebratory firing was said to have been made by the petitioner and the video of which, became viral.

It has been submitted on behalf of the petitioner that there

Patna High Court CR. MISC. No.10066 of 2022(2) dt.25-03-2022 2/2 is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. There is no forensic report in respect of genuineness of the video which became viral. In a Tilak ceremony, an orchestra programme was going on during lockdown.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 304 of 2021 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T