Amit Sinha @ Lala @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38258 of 2015 Arising Out of PS.Case No. -47 Year- 2015 Thana -MALSALAMI District- PATNA ======================================================

1. Amit Sinha @ Lala @ Amit Kumar, son of Shri Anil Kumar SInha, Resident of Mohalla- Mirjawan Ki Chhavani, P.S. Malsalami, DistrictPatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar For the Opposite Party/s : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 448,341,323,307,354 and 504/34 of the Indian Penal Code and section 27 of the Arms Act.

The prosecution case is that the petitioner knocked the door of the informant in the night when the informant opened the door the petitioner caught the hand of the informant when the informant went inside the house, thereafter this petitioner and his associates opened two rounds of firing making hole in the door of the informant. The motive has been alleged that on the date of occurrence i.e. 29.1.2015 there was marriage ceremony in the

Patna High Court Cr.Misc. No.38258 of 2015 (2) dt.23-09-2015 2/2 house of the informant when the petitioner and others were teasing the lady inmates which was protested by the informant side.

It is submitted by the learned counsel for the petitioner that admittedly no injury was caused to the informant side and though the marriage was scheduled on 29.1.2015 but the marriage could not be solemnized on the aforesaid date hence the motive alleged stands falsified. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that no injury was caused to any one, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Patnacity in connection with Malsalami P.S. Case No.47 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T