Atul Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37747 of 2023 Arising Out of PS. Case No.-289 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== Atul Sinha Son Of Late Manan Kumar Sinha Resident Of Village- Nauararhi, Ps- Vishnupad, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegation against the petitioner is that he along with other co-accused persons is said to have fired upon the husband of the informant due to which he received injuries in stomach and waist.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that after investigation police has filed final form against the

Patna High Court CR. MISC. No.37747 of 2023(2) dt.31-07-2023 2/2 petitioner but the learned Court below differed the final form and taken cognizance against the petitioner. Similarly situated co-accused have been enlarged on bail by this Court vide order dated 27.02.2023 passed in Cr. Misc. No. 30252 of 2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Civil Lines P.S. Case No. 289 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T