Bechan Bhandari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34953 of 2023 Arising Out of PS. Case No.-21 Year-2019 Thana- MARAUNA District- Supaul ====================================================== BECHAN BHANDARI Son of Late Bihari Bhandari R/O- Parari, P.S.- Marauna, Distt.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2023

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 448, 504, 307 and 506/34 of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 76 years.

4. The informant alleges that petitioner along with three other accused persons waving arms and when he shouted petitioner came, pointed pistol on his temple and then fled away threatening him. It is further alleged that the accused persons had come to kill the sister of the informant who is the Mukhiya.

5. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34953 of 2023(2) dt.18-07-2023 2/2 petitioner has been falsely implicated in the present case. It is further submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that no one was injured nor any cartridge was recovered from the place of occurrence. It is next submitted that petitioner till the age of 76 years was a person with clean antecedent and all of a sudden he has been made a criminal.

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

7. 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.10,000/- (Rupees Ten 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 Marauna P.S. Case No. 21 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T