Anil Kumar @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38539 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- KANKARBAG District- Patna ====================================================== 1.
ANIL KUMAR @ BITTU Son of Kameshwar Yadav Resident of MohallaNorth Mandiri, P.s.- Buddha Colony, District- Patna 2.
Ankit Kumar Son of Anil Kumar @ Bittu Resident of Mohalla- North Mandiri, P.s.- Buddha Colony, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 At the outset, it is submitted by learned counsel for the petitioner that application against petitioner no. 1 has already been dismissed as withdrawn.
As prayed for, learned counsel for the petitioner is permitted to add Section 27 of the Arms Act.
The instant application for anticipatory bail has been filed by the petitioner no. 2 apprehending his arrest in connection with Kankarbagh P.S. Case no. 68 of 2022 instituted for the offence under Sections 341, 387, 506, 307, 326/34 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, three accused persons including the petitioner surrounded the son of the informant and
Patna High Court CR. MISC. No.38539 of 2022(3) dt.06-12-2022 2/3 demanded rangadari of Rs. 20 lakh and threatened him of dire consequences. It is further alleged that co-accused Nikhil fired upon his son as a result of which he received gun shot injury on his cheek.
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. Specific allegation of firing is against Nikhil Kumar and not against the petitioner. There is old land dispute between the parties and because of that petitioner has been falsely implicated in this case. General and omnibus allegations have been levelled against he petitioner. 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 Kankarbagh P.S. Case no. 68 of 2022, 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 Judicial Magistrate, 1st Class, Patna
Patna High Court CR. MISC. No.38539 of 2022(3) dt.06-12-2022 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U