Nirjesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19344 of 2019 Arising Out of PS. Case No.-89 Year-2016 Thana- GOGRI District- Khagaria ====================================================== Nirjesh Kumar, S/o Sri Shreekant Yadav, R/o village- Lakshminiya, P.S.- Gogari Paura, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akshansh Ankit For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Gogari (Paura) P.S. Case No. 89 of 2016, disclosing offences under Sections 323, 341, 354, 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution story disclosed an allegation that petitioner and other accused persons asked the son of the informant to unload bags of maize and keep the same in godown, when he refused, he was threatened. Further allegation is that when the informant came to know about the incident, she along with her husband went to the house of accused person to lodge to a protest to their mother, then the accused persons have also assaulted the informant and even tore her blouse. Further allegation is that co-accused Brajesh Kumar fired from a pistol at the husband of the informant, which went past his head but gunpowder struck to his finger and eyes.
Patna High Court CR. MISC. No.19344 of 2019(3) dt.28-06-2019 2/2 Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and there is no specific allegation against the petitioner of firing. Heard learned A.P.P. also.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Gogari (Paura) P.S. Case No. 89 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Sunil Shukla/- U T