Abhay Anand @ Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25076 of 2022 Arising Out of PS. Case No.-11 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== PRITAM THAKUR @ PRITAM RAJ Son of Prashun Kumar Resident of village - Kunawa, P.S.- Chakiya , Distt.- East Champaran , Motihari. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nilesh Kumar Mr. A.K. Thakur Mr. Udbhav Mr. Vaishnavi Singh For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered u/s 341, 323, 324, 307, 302, 120B and 504 read with 34 of the Indian Penal Code and 27 of the Arms Act.
As per the prosecution case, the informant has alleged that the petitioner and co-accused persons started abusing and assaulting the informant's son Yasir Arafat and his friend Rehan
Patna High Court CR. MISC. No.25076 of 2022(4) dt.26-09-2022 2/3 who took tea with Aashish, Abdullah, Sonam, Smith, Utkarsh and reached near Remrho restaurant. In the mean time, coaccused Golu Singh and the petitioner Pritam Thakur started firing from their pistols which hit near the chest of the informant's son Arafat and the neck of Rehan causing severe injuries to them. The informant's son Arafat fell down and died on the spot. The injured Rehan was taken to the hospital for treatment.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The informant is not an eye witness of this case. The witnesses have stated that the co-accused Golu Singh has fired from his pistol which hit the informant's son and Rehan. The injured Rehan has also stated that the co-accused Golu Singh fired on them. The petitioner is a student of Longowal Institute of Engineering and Technology. The petitioner is in custody since 13.01.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the petitioner was involved in the alleged crime. Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.25076 of 2022(4) dt.26-09-2022 3/3 this case as well as the period of detention, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Muzaffarpur , in connection with Kazi Mohammadpur P.S. Case No. 11 of 2022, with a condition:-
1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.
(Chandra Prakash Singh, J) shobhakri/- U T