Atish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28699 of 2022 Arising Out of PS. Case No.-939 Year-2021 Thana- SASARAM NAGAR District- Rohtas ====================================================== Atish Kumar, S/O Krishna Prasad R/O Mohalla- Sobhaganj, Ward No. 37, P.S.- Sasaram, District- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh For the Opposite Party/s :

Ms. Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 448, 324, 307, 120B/ 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her son was shot causing injury on right hand. Further, based on suspicion alleges that petitioner got the occurrence committed on account of dispute relating to loan taken by her son from the accused persons.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that the son of the informant had taken loan for which, he

Patna High Court CR. MISC. No.28699 of 2022(2) dt.15-11-2022 2/2 had issued a cheque which got bounced for which, the informant has already filed a complaint under Section 138 of the N. I. Act. It is next submitted that it absolutely does not stand to reason that as to why the petitioner would have got the occurrence committed when he is already pursuing his remedy of Section 138 of the N. I. Act. It is also submitted that entire allegation hinges around suspicion. Learned A.P.P. opposes the bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Sasaram (T) P. S. Case No.939 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T