Achuteshwar Kumarv @ Chuttar Sharma @ Achchuteshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35280 of 2020 Arising Out of PS. Case No.-63 Year-2020 Thana- TEKARI District- Gaya ====================================================== ACHUTESHWAR KUMARV @ CHUTTAR SHARMA @ ACHCHUTESHWAR KUMAR S/o Late Anirudh Singh R/o villageDariyapur Tepa, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 307 of the Indian Penal Code and 27 of the Arms Act.

This case has been registered on the basis of self-statement of one Govardhan Pandit, S.I. Panchanpur O.P. Gaya in which, he stated that on 17-02-2020 at about 12:15 in the night, he got an information that on Dhiraj Sharma was shot by some miscreants when he was asleep at his door and he was admitted at ANMMCH, Gaya where his treatment is going on. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.35280 of 2020(2) dt.19-03-2021 2/2 petitioner is not named in the FIR. His name transpired in this case in course of investigation. The petitioner is said to be an order giver. No injury is attributed to the petitioner nor any overt act is alleged against him. The main allegation is against co-accused Ram Ekwal Sharma.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIth, Gaya in connection with Tekari P.S. Case No. 63 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T