Jai Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13759 of 2022 Arising Out of PS. Case No.-631 Year-2021 Thana- SAUR BAZAR District- Saharsa ====================================================== JAI KRISHNA KUMAR S/o- Late Raj Kishore Pandit, Resident of VillageDumra, Ward No. 01,P.S.- Sonbarsa Raj, District- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh, Advocate For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Saurbazar P.S. Case No. 631 of 2021 lodged under Sections 341, 323, 307, 379, 384 and 504/34 of the Indian Penal Code read with Section 27 of Arms Act.

As per the prosecution story, on 14.12.2021 ten persons on five bikes assaulted the informant making unlawful assembly. Some accused fired on the informant and snatched Rs.27,000/- from the informant. They have also demanded rangdari.

Learned counsel for the petitioner submits that petitioner is innocent and he is basically a school teacher, teaching Hindi and submitted a certificate (Annexure-2). He further submits that name of the present petitioner has figured in this case by virtue of the statement of a witness Anil Yadav, who

Patna High Court CR. MISC. No.13759 of 2022(2) dt.08-07-2022 2/2 disclosed that he has seen fleeing the present petitioner from the place of occurrence. Nothing indiscriminating material was recovered from the possession of the petitioner nor he was put on T.I.P. He further submits that the petitioner has got clean antecedent and recovery etc. of the arms used to take place from the possession of other persons. He further submits that petitioner is not even named in the F.I.R.

Learned A.P.P. has opposed the prayer for bail. In the present facts and circumstances that petitioner is in custody since 05.01.2022 having no criminal antecedent and his name came in this case only by the statement of witness. He also attached the certificate of the Principal that he is a school teacher, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saurbazar P.S. Case No. 631 of 2021, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.

(Dr. Anshuman, J.) ravishankar/- U T