Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47892 of 2024 Arising Out of PS. Case No.-89 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.

Arvind Kumar Son Of Late Ramyatan Singh Resident Of Shanti Niwas, Chanakya Nagar, Kumhrar, P.S.- Agamkuan, District- Patna. 2.

Manoj Kumar Son Of Shiv Jatan Prasad Resident Of Vill- Harnaut, P.S.- Harnaut, District- Nalanda.

3.

Sugandh Kumar @ Sugandh Kr. Singh Son Of Late Suresh Kumar Resident Of Bhagwat Nagar, Bh Colony, Kumhrar, P.S.- Agamkuan, District- Patna. 4.

Rakesh Kumar Son Of Shiv Nandan Prasad Singh Resident Of 50b Shashi Bhawan, Pharmaceutical Colony, Bhagwat Nagar, P.S.- Agamkuan, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offence under Sections 147, 148, 149, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, on 08.02.2023 at 7:00 AM, while the informant went to see his field, these petitioners and others, who were already standing there, surrounded him and on the order of petitioner no. 3, co-accused Durganand Patel fired at him, but he luckily escaped and one Awadhesh Sharma, who was standing behind informant, was hit by bullet in his thigh,

Patna High Court CR. MISC. No.47892 of 2024(4) dt.03-01-2025 2/2 due to which, he fell down.

4. Learned counsel for the petitioners submits that as per F.I.R. itself, specific accusation of causing fire-arm injury is against co-accused Durganand Patel and so far as petitioner no. 1, 2 & 4 are concerned, they are alleged to be members of the mob. Petitioner no. 3 is only alleged to be order-giver. He further submits that there is case and counter case.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight 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 Additional Chief Judicial Magistrate - VI, Patna City (Patna) in connection with Gaurichak P.S. Case No. 89 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T