Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41173 of 2022 Arising Out of PS. Case No.-172 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== 1.

SUBODH KUMAR Son of Mahendra Prasad Resident of Village - Ranipatti, P.S.- Rajepur, District - East Champaran. 2.

Ravi Kumar @ Raja Kumar Son of Surendra Prasad Resident of Village - Ranipatti, P.S.- Rajepur, District - East Champaran. 3.

Pramod Kumar Son of Mahendra Prasad Resident of Village - Ranipatti, P.S.- Rajepur, District - East Champaran.

4.

Kishan Kumar @ Sonu Kumar Son of Surendra Prasad Resident of Village - Ranipatti, P.S.- Rajepur, District - East Champaran. 5.

Mahendra Prasad Son of Late Gena Prasad Resident of Village - Ranipatti, P.S.- Rajepur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the petitioners, learned A.P.P. as well as learned counsel for the informant. The petitioners apprehend their arrest in a case registered for the offence under Sections 307, 354(B), 427 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on the order of petitioner no. 5, petitioners no. 1 to 4 committed assault. Specific accusation of firing is against co-accused Surendra Prasad, who is alleged to have caused fire-arm injury in the abdomen of the informant. There is case and counter case.

Patna High Court CR. MISC. No.41173 of 2022(2) dt.29-11-2022 2/2 From perusal of F.I.R., it appears that dispute took place between the parties over cutting a tree.

Learned counsel for the informant vehemently opposes the prayer for anticipatory bail of petitioners and submits that petitioners are named in the F.I.R. and all of them have actively participated the alleged occurrence, in which, informant sustained gun-shot injury in his abdomen. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Rajepur P.S. Case No. 172 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T