Patna High CourtCR. MISC./26774/2020allowed

Shailesh Kumar @ Bittu v. The State Of Bihar

2020-11-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26774 of 2020 Arising Out of PS. Case No.-529 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

SHAILESH KUMAR @ BITTU Son of Sri Manoj Kumar Thakur @ Manoj Thakur Resident of Village- Ojhaul, P.S.- Bahadurpur, District- Darbhanga. 2.

Manish Kumar Thakur @ Manish Thakur Son of Sri Shubhnarain Thakur Resident of Village- Ojhaul, P.S.- Bahadurpur, District- Darbhanga. 3.

Shivam Kumar Thakur @ Sonu Thakur Son of Sri Manoj Kumar Thakur @ Manoj Thakur Resident of Village- Ojhaul, P.S.- Bahadurpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Advocate Md.Imteyaz Ahmad, Advocate Ms. Vaishnavi Singh For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-11-2020 Heard learned Counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending arrest in connection with Bahadurpur P.S.Case No. 529 of 2019 registered for the offence under Sections 147,148,148, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. Ms. Vaishnavi Singh, learned counsel appearing on behalf of the petitioners would submit that the petitioners have no criminal antecedent. In fact, the present

Patna High Court CR. MISC. No.26774 of 2020(2) dt.11-11-2020 2/2 case is designed as a defence to the case registered on behalf of the petitioners i.e. Bahadurpur P.S. Case No. 528 of 2019 in which the petitioners have sustained gunshot injury. Referring to the injury allegedly sustained by the informant side, learned counsel submits that the injury is simple in nature caused by hard and blunt substance. There is no fire arm injury. Considering the fact that the petitioners have no criminal antecedent and they themselves are the victim of fire arm injury and their case was registered earlier in point of time, the Court is inclined to grant bail to the petitioners.

Let the petitioners, above named, in the event of arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Darbhanga in connection with Bahadurpur P.S. Case No. 529 of 2019 subject to the conditions as laid down under Section 438(2) Cr. P.C.