Shashi Kant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15713 of 2024 Arising Out of PS. Case No.-471 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Shashi Kant Kumar S/o- Surendra Pd. @ Bhushan Village-Nuruddinpur, P.S Khushrupur, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, due to previous enmity, the petitioner and other co-accused persons opened indiscriminate firing upon the informant, causing injuries to him. The occurrence took place in the background of the fact that cousin of the informant and his wife were murdered and in that case the petitioner and other co-accused persons were accused and the informant was main witness.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The specific allegation of firing is against co-accused

Patna High Court CR. MISC. No.15713 of 2024(2) dt.14-03-2024 2/2 Bablu Singh and Sanjit Kumar. So far this petitioner is concerned, there is allegation of specific overt act against him and he is only alleged to be member of the mob. It is further submitted that similarly situated co-accused, namely, Randhir Kumar has already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 17.02.2024 passed in Cr. Misc. No. 7197 of 2024.

5. Learned A.P.P. for the State opposes the bail application.

6. Considering the nature of accusation and backdrop of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna City in connection with Khushrupur P. S. Case No. 471 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T