Abhishekh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16435 of 2024 Arising Out of PS. Case No.-440 Year-2023 Thana- PIRO District- Bhojpur ====================================================== Abhishekh Kumar Son of Ramawtar Singh Resident of Village- Chatarbhuji Baraw, P.S.- Piro, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Singh For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The only allegation against the petitioner is that he was in company of co-accused Dhiraj Kumar during the course of the alleged incident.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to enmity as well as local politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner is the own gotiya of the informant and

Patna High Court CR. MISC. No.16435 of 2024(2) dt.14-03-2024 2/2 some criminal and civil cases are pending between them, as such the informant has selected the petitioner to falsely implicate him in this case. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as the fact that the allegation against the petitioner is general and omnibus in nautre, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Piro P.S. Case No. 440 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T