Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22827 of 2023 Arising Out of PS. Case No.-52 Year-2022 Thana- PARWALPUR District- Nalanda ====================================================== DEEPAK KUMAR Son of Kaushlendra Singh Village- Alawan Ps- Parwalpur dist- Nalandan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Anjani Pd. Singh, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 302 and 120B of the Indian Penal Code and under Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with accused persons came variously armed and on instigation of Pankaj and Prasad, accused Devesh fired causing injury to Renu and Pushpa and thereafter, Nagendra fired causing injury to Rajendra, it is next alleged that Renu Devi died during the
Patna High Court CR. MISC. No.22827 of 2023(3) dt.21-07-2023 2/3 course of treatment and other two injured are in critical condition admitted in the hospital.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of firing is against Devesh and Nagendra, it is next submitted that petitioner is an employee of Ultra Tech Company and is posted in Pune and was not even present at the place of occurrence. It is further submitted that even presuming what has been alleged is true without admitting, then there is no specific allegation of firing against the petitioner nor any overt act is alleged against him.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.22827 of 2023(3) dt.21-07-2023 3/3 the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parwalpur P.S. Case No. 52 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T