Kaushlendra Kumar Sharma @ Kaushlendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43926 of 2022 Arising Out of PS. Case No.-349 Year-2016 Thana- NAUBATPUR District- Patna ====================================================== Kaushlendra Kumar Sharma @ Kaushlendra Kumar Son Of Late Vimal Singh R/O Village- Shambhupura, P.S.- Naubatpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Azad For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307 of the Indian Penal Code and under Section 27 of Arms Act.

The accusation is that due to land dispute, six accused named in the F.I.R., including the petitioner, reached at the house of the informant Lalan Yadav and started firing in which Ashok Kumar, son of the informant, sustained injuries in the firing made by co-accused Atul Singh, son of Chhote

Patna High Court CR. MISC. No.43926 of 2022(2) dt.12-12-2022 2/3 Lal Singh.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that in the background of some land dispute, the present F.I.R has been registered. It is further submitted that there is no specific overt act has been attributed against the petitioner. Specific allegation of firing is against Atul Singh. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. There is case and counter case between the parties. It is also submitted that similarly situated severaal co-accused persons have been granted bail by the co-ordinate Bench of this Court.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands)

Patna High Court CR. MISC. No.43926 of 2022(2) dt.12-12-2022 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 2nd, Danapur in connection with Naubatpur P.S. Case No. 349 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) nirajkrs/- U T