Ashutosh Kumar @ Ashutosh @ Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43622 of 2023 Arising Out of PS. Case No.-860 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== ASHUTOSH KUMAR @ ASHUTOSH @ ASHUTOSH KUMAR son of Madan Singh Village- Khaira Ps- Darigaon Dist- rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504 and 506/34 of the IPC and 27 of the Arms Act.

3.

Allegedly, the F.I.R. named accused persons along with the petitioner tried to snatch articles from the informant and abused him and on objection, the petitioner fire four bullets and other accused assaulted the informant and his friends. 4.

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. Though there is allegation against the petitioner that he fired upon the informant

Patna High Court CR. MISC. No.43622 of 2023(2) dt.18-08-2023 2/2 but no injury has been caused to the informant due to the said firing. Learned counsel for the petitioner further submits that other co-accused persons have assaulted the informant and there is no specific allegation against the petitioner to assault the informant. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since no firearm injury has been found on the body of the informant, the above named petitioner, is directed to 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 amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sasaram (T) (Darigaon O.P.) P.S. Case No.860/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T