Abhishekh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51786 of 2021 Arising Out of PS. Case No.-174 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== Abhishekh Kumar Son Of Raj Kumar Ray Resident Of Village- Rampur, Gadikhana, P.S- Khagaul, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagmani Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Naubatpur P.S. Case no. 174 of 2021 instituted for the offence under Sections 341, 323, 307, 448, 34 and 504 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, when the informant was at his house, four named accused persons along with 5-6 unknown entered into his house of the informant and started to abuse and assault resulting into fire shot injury in the thigh of the informant's nephew. After seeing the gathering of villagers, accused persons fled away from there but after a long chase, coaccused Prem Kumar has been apprehended, who has disclosed the name of the petitioner.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.51786 of 2021(2) dt.06-04-2022 2/2 has submitted that petitioner is innocent and has committed no offence. No specific allegation has been attributed against him. He has got no criminal antecedent. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Prem Kumar, which has no evidentiary value in the eye of law.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Naubatpur P.S. Case no. 174 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 3rd Danapur, Patna subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U