Jitendra Dubey @ Nathu @ Nanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29588 of 2021 Arising Out of PS. Case No.-452 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== JITENDRA DUBEY @ NATHU @ NANU Son of Pappu Dubey Resident of Village- Soti Bheriyahi, P.S.- Kanti, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation is that the petitioner fired repeatedly on the informant, which hit on his thigh.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.29588 of 2021(2) dt.07-03-2022 2/2 present case. From perusal of the prosecution case, it is evident that the injury has been caused on non-vital part of the body. At best, an offence under Section 325 I.P.C. is made out. No offence under Section 307 I.P.C. is attracted in the present case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Muzaffarpur in connection with Kanti P.S. case No.452/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T