Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25580 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== Prakash Kumar, Son of Shatrudhan Bhagat, Resident of Village - Chajangonu, P.S.- Kudhani, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy For the Opposite Party/s :
Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307/34 of the Indian Penal Code and Section 25 (1-b) a, 26 and 27 of the Arms Act.
Petitioner along with three other accused persons descended at the field of Ram Karan Singh during the course of raising boundary wall on the said land by the informant and on instigation of the petitioner other unknown accused persons resorted firing on the informant twice but he left unhurt. Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is
Patna High Court CR. MISC. No.25580 of 2019(2) dt.25-04-2019 2/2 quite innocent and has been falsely implicated in this case. As a matter of fact, the said Ram Karan Singh is broker of the land and he got executed fraudulent sale deed from the elder brother of the petitioner, namely, Prabhat Kumar and on the basis of the said fraudulent sale deed the said Ram Karan Singh was raising the boundary wall over the said land. Regarding the said land, a proceeding under Section 144 Cr.P.C. is pending. Informant has not sustained any firearm injury. Petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Muzaffarpur (West) in connection with Kudhani P.S. Case No. 30 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J.) Trivedi/- U T