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Patna High CourtCR. MISC./12591/2023partly allowed disposal

Ajit Kumar v. The State Of Bihar

2023-05-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12591 of 2023 Arising Out of PS. Case No.-464 Year-2022 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== 1.

AJIT KUMAR Son of Photo Singh Resident of Village - Chaukhanda Chitauli, Police Station - Sasaram (M), District - Rohtas. 2.

Abhishek Kumar Son of Shiv Singh Chandravanshi Resident of Village - Shivpur Chitauli, Police Station - Sasaram (M), District - Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the parties.

After some arguments, learned counsel for the petitioner seeks permission to withdraw this application as against petitioner no.2.

Permission is granted.

Accordingly, this application with regard to petitioner no.2 is dismissed as withdrawn.

Now, it is being heard for consideration of anticipatory bail on behalf of petitioner no.1 only.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 342, 307, 504, 506/34 of the IPC and 27 of the Arms Act.

Allegation against the petitioner is of firing from katta which caused injury in the thigh of informant.

Patna High Court CR. MISC. No.12591 of 2023(2) dt.19-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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 leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that there is case and counter-case between the parties and both sides have sustained injuries. Parties have compromised the case. The injury was simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner no.1, 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 Sasaram (M) P.S. Case No.464/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T