Balbir Kumar @ Chhotku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36021 of 2023 Arising Out of PS. Case No.-529 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== BALBIR KUMAR @ CHHOTKU S/O CHAMARI MAHTO @ CHAMO MAHTO R/O Vill. Bhitta Par, Khand Par, PS. Sheikhpura, Dist. Sheikhpura ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/506/504 and other allied sections of the Indian Penal Code.
3. As per the prosecution case, all the FIR named accused persons including these petitioners and 8 to 10 unknown miscreants made indiscriminate firing causing gun shot injury to one Sunny Kumar.
4. Allegation of firing is general and omnibus against all the accused persons and no specific overt act has been alleged against the petitioner. Though all the FIR named accused persons including 8 to 10 accused persons are alleged to have made firing but the victim sustained only one fire arms injury. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.36021 of 2023(3) dt.03-08-2023 2/2
5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 Chief Judicial Magistrate, Sheikhpura in Sheikhpura Police Station Case No. 529 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Shashi U T