Saheb Kumar @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11484 of 2023 Arising Out of PS. Case No.-784 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== SAHEB KUMAR @ SHIV KUMAR S/O FAIKAN PRASAD @ RAJESH KUMAR Resident of Shershah Road, Nooranibagh Colony, P.S.- Alamganj, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 326, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., on 06.10.2022 at about 8 PM, while the informant was near his house, this petitioner alongwith other FIR named co-accused alongwith 4-5 unknown persons were making nuisance in an intoxicating condition, which was objected by this petitioner, as a result of which, co-accused Badal Kumar fired from a country-made pistol, as a result of which, informant received fire-arm injury on his right leg. It is submitted on behalf of petitioner that as per FIR

Patna High Court CR. MISC. No.11484 of 2023(2) dt.28-04-2023 2/2 itself, specific accusation of giving gun shot injury is against coaccused Badal Kumar. So far as this petitioner is concerned, he is only alleged to be member of the unlawful assembly. There is no allegation of any overt act against this petitioner. Petitioner has got clean antecedent.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 learned A.C.J.M. - IV, Patna City (Patna) in connection with Alamganj P.S. Case No. 784 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T