Pratik Kumar @ Prateek Kumar @ Golu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12086 of 2024 Arising Out of PS. Case No.-67 Year-2023 Thana- GOH District- Aurangabad ====================================================== Pratik Kumar @ Prateek Kumar @ Golu Kumar, Male, aged about 27 years, Son Of Sanjay Trivedi, R/O Goh, P.S.- Goh, District- Aurangabad. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Dineshwar Mishra, Advocate For the Opposite Party :
Mrs. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Goh P.S. Case No. 67 of 2023 dated 27.02.2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 of the I.P.C. and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and other accused persons with arms abused the informant and threatened to stop the construction work. In the meantime, the co-accused Dinesh Dubey instigated to fire on the informant and others. The co-accused Onkar Dubey assaulted Saurav Kumar with sword. The co-accused Munna Trivedi fired on Rishikesh Sharma, the
Patna High Court CR. MISC. No.12086 of 2024(3) dt.18-03-2024 2/3 co-accused Golu Kumar (petitioner) fired on Shashi Kant Kumar and the co-accused Girish Dubey assaulted Aman Kumar with sword. The co-accused Prabhu Dubey assaulted Dhiraj Kumar with Lathi. It is further alleged that other 10 unknown persons abused and flashed pistols at the place of occurrence.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that there is case and counter case between the parties. It is submitted that as per the F.I.R., the petitioner has fired on Shashi Kant Kumar but the said Shashi Kant Kumar has not sustained any injury. The petitioner has one criminal antecedent as stated in paragraph no. 3 of the bail application.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Daudnagar, Aurangabad, in connection with Goh P.S. Case No.
Patna High Court CR. MISC. No.12086 of 2024(3) dt.18-03-2024 3/3 67 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T