Arya Kumar @ Niranjan Kumar @ Niranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27288 of 2024 Arising Out of PS. Case No.-1177 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Arya Kumar @ Niranjan Kumar @ Niranjan S/o- Ramayan Prasad VillageChauk Hussain, P.S- Khusrupur, Dist.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Anand, Adv For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. Petitioner has preferred this application for grant of anticipatory bail in a case registered under sections 147, 148, 149, 447, 323, 307, 120B of the Indian Penal Code and Sections 27 of the Arms Act.
3. As per prosecution case, all the FIR named accused persons including this petitioner came to the house of the informant and assaulted him and made indiscriminate firing.
4. It is submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in this case. It is submitted that cause of incident is enmity between the parties due to previous land dispute. In the FIR, there is allegation of firing but no one has
Patna High Court CR. MISC. No.27288 of 2024(3) dt.26-04-2024 2/2 sustained any firearm injury. Allegation of assault is general and omnibus and no specific overt act has been attributed against the petitioner. Similarly situated co-accused persons has already been granted anticipatory bail by this Court in Cr. Misc. No.12760 of 2024.
5. Considering the aforesaid facts of the case , this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1stclass, Patna in Kankarbag P.S. Case No. 1177 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U T