Anil Chaupal @ Anil Kumar @ Anil Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33682 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== ANIL CHAUPAL @ ANIL KUMAR @ ANIL MANDAL Son of Bihari Chaupal Resident of village - Narar Than Tol, P.S. - Kaluahi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

For the Informant :

Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023 Heard learned counsel for the parties.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in brief, is that F.I.R. named coaccused persons fired upon the son of the informant as a result of which he sustained injury and thereafter, he was taken to the hospital where he was declared dead. This petitioner along with other accused persons are alleged to have conspired and committed his murder due to previous dispute.

4. It is submitted that specific accusation of causing fire arms injury is against other co-accused persons. This

Patna High Court CR. MISC. No.33682 of 2023(2) dt.27-07-2023 2/2 petitioner is only alleged to be a conspirator and there is no allegation of specific overt act against him.

5. Learned counsel for the informant vehemently oppose the prayer for bail.

6. Considering the nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P. S. Case No. 33 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T