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Patna High CourtCR. MISC./37818/2023allowed

Pintu Choudhary @ Pintu Singh v. The State Of Bihar

2023-07-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37818 of 2023 Arising Out of PS. Case No.-364 Year-2019 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Pintu Choudhary @ Pintu Singh Son Of Vishnu Singh R/O-Vajirganj, P.S.- SASARAM (M), Distt.-ROHTAS At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 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, 323, 307 of the Indian Penal Code and Section 25(1-b)a, 26, 27 of the Arms Act.

3. The informant alleges that he received information that 40-50 people are creating ruckus in the village and are armed, accordingly, he reached at the place of occurrence and on inquiry came to know that named accused persons and 40-50 persons assaulted the villagers and fled away after firing, further pistol and cartridges were recovered from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.37818 of 2023(2) dt.31-07-2023 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that no person was injured in the present case. Similarly situated co-accused has been enlarged on bail by this Court vide order dated 27.07.2023 passed in Cr. Misc. No. 35959 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Considering 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 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 Sasaram (M) P.S. Case No. 364 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T