Barul Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32799 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- AMDABAD District- Katihar ====================================================== 1.

Barul Khan, Son of Late Mangan Khan, Resident of Village - Bairiya, P.S.- Amdabad, District- Katihar 2.

Sanjay Pal, Son of Doman Pal, Resident of Village - Bairiya, P.S.- Amdabad, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rohit Kumar Sharma, Advocate Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2019 This is an application for grant of anticipatory bail in connection with Amdabad P.S. Case No. 20 of 2019, disclosing offences under Sections 323, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation as per F.I.R. is that there was a scuffle between petitioner no.1 and Ritesh Tanti, in which the petitioner no.1 fired, due to which, Ritesh Tanti fled away and again fired, which hit the daughter of the informant, causing injury. Thereafter, they have taken to hospital. It is also allegation against the petitioner no.2 that he was also present with petitioner no.1 at that time.

Submission of the learned counsel for the petitioners is that the F.I.R. itself shows that firing was not made on the

Patna High Court CR. MISC. No.32799 of 2019(2) dt.01-08-2019 2/2 daughter of the informant, rather on Ritesh Tanti, but unfortunately hit on the daughter of the informant. It further appears that petitioner no.1 is an accused in one more case. Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, so far as, petitioner no.1 is concerned, I am not inclined to grant privilege of anticipatory bail to the petitioner no.1.

So far as, petitioner no.2 is concerned, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned C.J.M., Katihar, in connection with Amdabad P.S. Case No. 20 of 2019, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T