Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18681 of 2022 Arising Out of PS. Case No.-239 Year-2020 Thana- RAHUI District- Nalanda ====================================================== KAUSHAL KUMAR S/o Sudhir Prasad R/o village- Saidalli, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, it is a case of assault by means of fists and slaps and co-accused Dayanand Yadav took out pistol from his waist and fired upon the brother of the informant, due to which, he fell down on the ground and he was taken to the hospital for treatment, where the doctor declared him dead. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that similarly situated co-accused have been

Patna High Court CR. MISC. No.18681 of 2022(2) dt.28-09-2022 2/2 granted anticipatory bail vide Annexures-2, 3 and 4. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in connection with Rahui P.S. Case No. 239 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T