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Patna High CourtCR. MISC./35142/2019bail granted

Pappu Kumar v. The State Of Bihar

2019-06-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35142 of 2019 Arising Out of PS. Case No.-351 Year-2017 Thana- KUDHNI District- Muzaffarpur ====================================================== Pappu Kumar Son of Ashok Sahani Resident of Village - Charkoriya, P.S.- Kudhani (O.P. Turki), Distt - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The instant application has been filed by the petitioner for anticipatory bail apprehending his arrest in connection with Kudhani P.S. Case No. 351 of 2017 registered for the offence punishable under Sections 341, 147/307 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation made in the F.I.R., accused persons named in the FIR including the petitioner fired upon the informant which hit the informant in his hand. It is submitted by the learned counsel for the petitioner that the case of the petitioner stands on similar footing to that of the co-accused Akshay Kumar, who has been granted bail vide order dated 27.03.2018 passed in Cri. Misc. No. 3702

Patna High Court CR. MISC. No.35142 of 2019(2) dt.03-06-2019 2/2 of 2018. It is further stated that from perusal of the said order, it appears that there is land dispute between the parties and the doctor has opined that the injury on the person of the informant is simple in nature.

In view of the facts and circumstances stated hereinabove, and taking into consideration that similarly situated co-accused has been granted bail, order of which is annexed as Annexure-2 to the application, the above named petitioner is directed to surrender in the court below within a period of six weeks from today and in the event of his arrest or surrender, he shall 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 learned A.C.J.M.-III, Muzaffarpur in connection with Kudhani P.S. Case No. 351 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C (Partha Sarthy, J) sushma/- U T