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Patna High CourtCR. MISC./44832/2023allowed

Abhijeet Kumar @ Prabhat Kumar @ Makhan v. The State Of Bihar

2023-08-29Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44832 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Abhijeet Kumar @ Prabhat Kumar @ Makhan Son of Shambhu Sharan Kumar Resident of Village- Ratanpur, P.S. - Sighaul O.P., Begusarai, Bihar. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Piyush Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Nagar (Ratanpur) P.S. Case No. 201 of 2022 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the petitioner and coaccused Rakesh Gautam has fired on the informant from his Katta.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is no recovery from the possession of the petitioner. Informant are neighbours and due to some trivial dispute with respect to taking betel from the shop of the informant, this false

Patna High Court CR. MISC. No.44832 of 2023(2) dt.29-08-2023 2/2 case has been filed, there is no injury to the informant. Petitioner has no criminal antecedent.

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

6. Having regard to 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Nagar (Ratanpur) P.S. Case No. 201 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) shweta/- U T