Bikki Kumar @ Samir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50135 of 2021 Arising Out of PS. Case No.-106 Year-2020 Thana- MUNGER MUFFASIL District- Munger ====================================================== BIKKI KUMAR @ SAMIR KUMAR S/o Umesh Prasad Singh R/o villageAdarsh Gram Tikarampur, Chandi Asthan, P.S.- Muffasil, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shyamdeo Singh S/o Jaihindra Prasad Singh R/o village- Adarsh Gram Tikarampur, Chandi Asthan, P.S.- Muffasil, District- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indu Bhushan, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341/323/307/504/506/34 of the IPC and 27 of the Arms Act. The allegation against the petitioner is that he along with other accused persons being in indulged in an altercation with

Patna High Court CR. MISC. No.50135 of 2021(2) dt.05-05-2022 2/3 the brother of the informant, have inflicted gun shot injury upon the right wrist of the informant when he was trying to pacify the matter.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is a case and counter case between the parties and in the said occurrence, both sides have sustained injuries. It is submitted that the injury sustained by the informant is simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is case and counter-case between the parties and both sides have sustained injuries, 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

Patna High Court CR. MISC. No.50135 of 2021(2) dt.05-05-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Muffasil P.S. Case No.106/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T