Pawitar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23985 of 2023 Arising Out of PS. Case No.-70 Year-2022 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Pawitar Das Son of Late Nathuni Das Resident of village - Ghat Madhiya, P.S.- Basopatti, District - Madhubani 2.

Roshan Kumar Das Son of Sri Shyam Sundar Das Resident of village - Ghat Madhiya, P.S.- Basopatti, District - Madhubani ... ... Petitioners

Versus

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

For the Petitioners :

Ms/Mrs. Vaishnavi Singh, Advocate For the Opposite Party :

Mr.Dr. Indiwar Kumari, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2023 Heard learned counsel for the petitioners and the State.

Petitioners apprehend arrest in a case registered for the offence punishable under sections 379/307/34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, petitioner no.1 is alleged to have instigated, whereupon petitioner no.2 caused fire arms injury to the informant's son. Petitioners claim clean antecedent. Considering the nature of injury caused by petitioner no.2, his prayer for bail is refused.

As petitioner no.1 is only an order giver, prayer for bail of petitioner no.1 is allowed. In the event of arrest/surrender within six weeks from today, let petitioner no.1, mentioned above, be enlarged on bail on furnishing bail bond of

Patna High Court CR. MISC. No.23985 of 2023(3) dt.03-07-2023 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Madhubani in Basopatti Police Station Case No. 70 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T