Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8699 of 2020 Arising Out of PS. Case No.-383 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

NIRAJ KUMAR Son of Budhan Singh @ Virendra Kumar Singh Resident of Village - Langari Bigha (Tungi), P.S.- Deepnagar, District - Nalanda 2.

Dhiraj @ Dheeraj Kumar Son of Budhan Singh @ Virendra Kumar Singh Resident of Village - Langari Bigha (Tungi), P.S.- Deepnagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 At the outset, the learned counsel for the petitioners seeks to withdraw the present petition qua the petitioner no. 1. Accordingly, the present petition stands dismissed as withdrawn qua the petitioner no. 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Deepnagar P.S. Case No. 383 of 2019, registered for the offence punishable under Sections 323, 341, 448, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.8699 of 2020(2) dt.28-02-2020 2/3 The brief facts of the case is that the petitioner no. 1 had fired upon the brother of the informant and the other accused persons are stated to have assaulted the prosecution party. The learned counsel for the petitioner has submitted that as far as the petitioner no. 2 is concerned, there is general and omnibus allegation and no specific overt act has been attributed to him.

The learned counsel for the informant has opposed the prayer for bail qua the petitioner no. 1.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner no. 2, I deem it fit and proper to admit the petitioner no. 2 to the privilege of anticipatory bail.

Accordingly, the petitioner no. 2 is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bihar Sharif, Nalanda in connection with Deepnagar P.S. Case No. 383 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.8699 of 2020(2) dt.28-02-2020 3/3 Procedure.

(Mohit Kumar Shah, J) Ajay/- U T