Abhishek Kumar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13491 of 2023 Arising Out of PS. Case No.-651 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== ABHISHEK KUMAR LAL S/O PRADIP KUMAR LAL Resident of House No.- 2 Home No.- S4, I.G. Colony, Kulti, Kulti (M),Bardhaman, P.S. Kulti, West Bengal 713343 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Vikram Singh Mr. Dayanand Singh For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and 27 of Arms Act.

Allegedly, the petitioner along with other co-accused persons went to the shop of the brother of the informant namely, Rahul Kumar and asked him to purchase products from them to which he refused. It is alleged that the accused persons fired upon Rahul Kumar and as a result of which he died. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.13491 of 2023(3) dt.23-06-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the specific allegation is against co-accused Keshav Raj and Bunty Kumar to fire upon the deceased. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner was also present on the spot.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Jakkanpur P.S. Case No.651 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T