Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35238 of 2022 Arising Out of PS. Case No.-181 Year-2021 Thana- SILAO District- Nalanda ====================================================== Anshu Kumar Son of Late Rama Nandan Prasad, Resident of Village - Chanaura, P.S. - Chhabilapur, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Samir Kumar Sinha, Adv.
For the informant : Mr. Bipin Kumar, Adv. For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State as well as learned counsel for the informant. The petitioner seeks regular bail in connection with Silao P.S. Case No. 181 of 2021, G.R. No. 6981 of 2021 lodged under Sections 302 and 120(B) of the Indian Penal Code read with Section 27 of Arms Act.
As per prosecution case, there are 7 named persons and 7-8 unknown persons were made accused in this case. It has been alleged that all accused persons surrounded the husband of the informant and threatened not to be a witness against them and subsequently they started indiscriminate firing in which
Patna High Court CR. MISC. No.35238 of 2022(4) dt.30-11-2022 2/3 husband of the informant died on spot.
Learned counsel for the petitioner submits that petitioner is innocent and he has committed no offence. He further submits that the petitioner is also not named in the F.I.R., antecedent of the petitioner is clean and he is in custody since 23.11.2021. He further submits that name of the petitioner has figured in this case by virtue of confessional statement of the co-accused, charge-sheet has already been filed in this case and charge has already been framed in this case on 14.09.2022. He further submits that bail of two named accused persons has been rejected by this Court vide order dated 05.09.2022 passed in Cr. Misc. No. 22295 of 2022 with liberty that they may renew their prayer for bail after one month of framing of charge. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Silao P.S. Case No. 181 of 2021 G.R. No. 6981 of 2021, subject to the conditions as laid down
Patna High Court CR. MISC. No.35238 of 2022(4) dt.30-11-2022 3/3 under Section 437(3) of Cr.P.C.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ravishankar/- U T