← Library
Patna High CourtCR. MISC./18888/2023allowed

Sunil Bind v. The State Of Bihar

2023-06-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18888 of 2023 Arising Out of PS. Case No.-70 Year-2021 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== SUNIL BIND S/o Gaya Bind R/o Village- Gauwa, P.S.- Sonhan, DisttKaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 447, 448, 323, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner is that he along with other accused persons came at the baithka of the informant and Mantu Bind opened fired by means of katta upon the informant's son. Thereafter, they fled from the spot. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The specific allegation against of firing upon the informant's son is levelled

Patna High Court CR. MISC. No.18888 of 2023(3) dt.23-06-2023 2/2 against one Mantu Bind. There is admitted land dispute between the parties. Similarly situated co-accused have been enlarged on bail by this court vide order dated 28.02.2022 passed in Cr. Misc. No. 38481 of 2021. Petitioner has no criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, 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 Bhagwanpur P.S. Case No. 70 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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