Prakash Kumar @ Banty Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18117 of 2023 Arising Out of PS. Case No.-651 Year-2022 Thana- JAKKANPUR District- Patna ====================================================== Prakash Kumar @ Banty Kumar S/o Shri Arun Sah @ Arun Kumar Sah R/o Mohalla-Meena Bazar, P.S- Sonpur, Distt- Saran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ansul, Advocate For the State :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-06-2023 Heard both sides.

Petitioner apprehends his arrest in connection with Jakkanpur P.S. Case No.651 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Accusation against the petitioner and other co-accused persons is of killing the brother of the informant. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that though there is allegation in the FIR that petitioner has fired upon the deceased but in re-statement of the informant, the informant has not taken the name of the petitioner that he fired

Patna High Court CR. MISC. No.18117 of 2023(3) dt.27-06-2023 2/2 upon the deceased. It is submitted that the police arrested three persons and their confessional statement was recorded, but they have also not taken the name of the petitioner in their confessional statement that petitioner has fired upon the deceased.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Taking into consideration the facts aforesaid, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- VIII, Patna in connection with Jakkanpur P.S. Case No.651 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T