Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31488 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== 1.

GAURAV KUMAR S/O ASHOK YADAV R/O Village- Rupnagar, P.SBarauni (Chakia), Distt.- Begusarai. 2.

Manish Kumar S/O Ashok Yadav R/O Village- Rupnagar, P.S- Barauni (Chakia), Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hare Krishna Prasad For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-07-2023

1. Heard learned counsel for the petitioners and learned A.P.P. for the State along with the learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and 27 of the Arms Act.

3. The informant alleges that the petitioners came and started firing and fled.

4. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent.

5. Learned counsel for the petitioners submits that from bare perusal of the allegations as alleged in the FIR, it would manifest that the same does not inspire confidence for the reason that allegation is of firing against the accused persons but then no one was injured, it is further submitted that on account of dispute relating

Patna High Court CR. MISC. No.31488 of 2023(2) dt.31-07-2023 2/2 to election, the present false case came to instituted.

6. Learned A.P.P. for the State along with the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioners but are not able to rebut the submission of the learned counsel for the petitioners that the petitioners are persons with clean antecedent and no one was injured in the firing. However, the learned counsel for the informant submits that 8 fired cartridges were found at the place of occurrence.

7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Barauni (Chakia) P.S. Case No. 113 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T