Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23704 of 2023 Arising Out of PS. Case No.-11 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== AMAN KUMAR Son of Rajkumar Poddar Resident of village - Ratanpur, P.S.- Town, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307, 302 and 34 of the Indian Penal Code and 27 of Arms Act.

Allegedly, co-accused Duryodhan Kumar fired upon the head of the informant's son due to he died during the course of treatment. The allegation against the petitioner is that he is one of the associate of the co-accused persons and he was also driving the motorcycle during the incident.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.23704 of 2023(2) dt.04-07-2023 2/2 omnibus in nature. He further submits that the specific allegation is against co-accused Duryodhan Kumar to fire upon the deceased. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.11 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T