Aditya Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29686 of 2023 Arising Out of PS. Case No.-68 Year-2020 Thana- GANGABRIDGE District- Vaishali ====================================================== ADITYA BHUSHAN SON OF RIPU DAMAN SHARMA RESIDENT OF VILLAGE- KOYLA DEVA, P.S.- FULWARIYA, DISTRICT- GOPALGANJ AT PRESENT RESIDENT OF VILLAGE- ADHIWAKTA NAGAR WARD NO.14, P.S.- GOPALGANJ TOWN, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 307 of the Indian Penal Code and 25(1-b)a, 26, 27 and 35 of Arms Act.

3. Allegedly, two persons sitting on a motorcycle went to the shop of the informant and fired upon his son. It is alleged that one of them was apprehended and he disclosed the name of the petitioner as his associate, who fled away from the spot.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.29686 of 2023(3) dt.17-08-2023 2/2 omnibus in nature. He submits that there is no recovery of any incriminating articles from the possession of the petitioner. Petitioner has been made accused in the present case merely on the basis of statement of apprehended co-accused. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as the petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Ganga Bridge P.S. Case No.68 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T