Patna High CourtCR. MISC./28246/2023bail granted

Arjun Kumar v. The State Of Bihar

2023-07-14Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28246 of 2023 Arising Out of PS. Case No.-157 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== ARJUN KUMAR Son of Vijay Yadav Resident of Village - Dharam Chak, P.S.- Dulhin Bazar, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-07-2023 Heard Mr. Ashok Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar Pandey, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Dulhin Bazar P.S. Case No. 157 of 2022 registered for the offence punishable under Sections 341, 379, 307 and 504 of the Indian Penal Code.

3. Prosecution story, in brief, is that three F.I.R. named accused persons including the petitioner and three unknown miscreants encircled the informant and snatched Rs.500/- from his pocket and when the informant resisted, Gulshan Kumar fired upon him which hit his left arm.

4. Learned counsel appearing on behalf of the petitioner submitted that specific allegation of having fired upon

Patna High Court CR. MISC. No.28246 of 2023(2) dt.14-07-2023 2/2 the victim who is the informant is on Gulshan Kumar. Petitioner, at best, can only be considered to be his associate. The informant was treated at PMCH for hand injury. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions, specific allegation of assault is against co-accused Gulshan Kumar and no overt act has been alleged against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur, Patna in connection with Dulhin Bazar P.S. Case No. 157 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T