Shekhar @ Shekhar Kumar @ Shekhar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38090 of 2021 Arising Out of PS. Case No.-1112 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== SHEKHAR @ SHEKHAR KUMAR @ SHEKHAR CHAUDHARY Son of Bishundeo Choudhary R/o Near Ranipur More Pethiya Bazar, P.S.- Phulwari Sharif, District - Patna - 801505.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Saket Anand, Advocate For the Opposite Party/s :
Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 337, 338, 307 and 504 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner has antecedent of three cases and in all these cases he is on bail and the informant alleges that during RJD procession he saw the named accused persons, including the petitioner, firing from the terrace, it is next alleged that the informant has received gunshot injury in his leg fired by one of the accused persons, Ranjeet.
Patna High Court CR. MISC. No.38090 of 2021(3) dt.23-06-2022 2/3 Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the allegation of firing is general and omnibus in nature as the informant in the F.I.R. has alleged that several persons, including the petitioner, were firing at the procession but not a single shot was received by any of the processionists, this amply demonstrates that only to give a serious colour to the case such allegation was made.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and the fact that there is allegation of firing against Ranjit and the allegations against other accused persons appears to be general and omnibus in nature, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Phulwarisharif P.S. Case No. 1112 of 2019 subject to the conditions as laid down under Section 438 (2) of
Patna High Court CR. MISC. No.38090 of 2021(3) dt.23-06-2022 3/3 the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T