Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30039 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== BIPIN KUMAR S/o Umesh Ray Resident of Village-Bishunpur Koahi (Bahlempur), P.S.-Patepur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-12-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Sharda Kumari, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Patepur PS case no. 53 of 2020 registered for the offences punishable under Sections 307 and other allied sections of Indian Penal Code and 25(1-b)a, 26, 27, 35 of Arms Act.

The petitioner is alleged to have abused the informant and when the informant had protested, the petitioner had taken out a pistol from his waist and fired gun shots, however the same had escaped hitting the informant.

Patna High Court CR. MISC. No.30039 of 2020(2) dt.18-12-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that a superficial allegation has been made by the informant and no such incident as alleged, has ever taken place.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that a superficial allegation has been levelled against the petitioner herein by the informant, the petitioner is having a clean antecedent and moreover, the informant is not alleged to have received gun shot injury, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Vaishali at Hajipur in connection with Patepur PS case no. 53 of 2020 subject to the

Patna High Court CR. MISC. No.30039 of 2020(2) dt.18-12-2020 3/3 conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T