Nageshwar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37953 of 2022 Arising Out of PS. Case No.-138 Year-2020 Thana- SIKANDRA District- Jamui ====================================================== Nageshwar Ram Son Of Bishundeo Ram R/O Village- Pohe, P.S.- Sikandra, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sikandra P.S. Case no. 138 of 2020 instituted for the offence under Sections 341, 323, 307, 504, 379, 342 of the Indian Penal Code and 27 of the Arms Act.

As per allegation in the FIR, petitioner opened fire upon Aso Yadav but the same hit to calf of buffalo due to which the said calf died and Aso Yadav managed to escape to save his life.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. No any person has

Patna High Court CR. MISC. No.37953 of 2022(3) dt.14-12-2022 2/2 received injury. From perusal of the case diary, in respect of death of calf by fire arm, no supportive document is available. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sikandra P.S. Case no. 138 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T