Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33010 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== SHUBHAM KUMAR SON OF BRAJESH SHARMA Resident of VillageNagain Goh Rajputana Tola, PS Goh, Dist-Aurangabad, At present Resident of Village-Makhra, PO-Daudnagar, Dist-Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that the petitioner along with Pankaj, Sahil and 8-10 unknown fired at him and his father who were returning home, further unknown accused persons assaulted him and his father and seven empty cartridges were recovered from the place of occurrence.

Patna High Court CR. MISC. No.33010 of 2023(2) dt.01-08-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that in order to give a serious colour to the case it has been alleged that the accused persons, including the petitioner, fired but then no one was injured in the firing which casts an aspersion on the case of the prosecution, it is also submitted that no reason for the occurrence has been given that as to why the accused persons assaulted the informant and his father, it is further submitted that the informant was not even present at the place of occurrence.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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 from today, be released on anticipatory bail on furnishing bail bonds 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 Haspura P.S. Case No. 293 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. with a further condition that

Patna High Court CR. MISC. No.33010 of 2023(2) dt.01-08-2023 3/3 one of the bailors of the petitioner shall be his father, Brajesh Sharma.

(Satyavrat Verma, J) Rishi/- U T