Bittu Kumar @ Ashwani Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49329 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== Bittu Kumar @ Ashwani Kumar Son Of Late Rakesh Singh @ Babloo Singh R/O- Dhandhuya Methurapur, P.S.- Jandha, Dstt.- Vaishali At Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504 of the Indian Penal Code and Section 25(1-b)a, 26 of Arms Act.
3. It is alleged that this petitioner along with other accused persons surrounded informant while he was returning to his house on motorcycle, abused him and opened fire causing head injury.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired during course of investigation on the basis of confessional statement of co-accused Raushan Kumar. Specific accusation of firing is against co-accused Ravi Sahni. There is no specific
Patna High Court CR. MISC. No.49329 of 2024(2) dt.08-08-2024 2/2 allegation of overt act against the petitioner and he has got clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the nature of allegation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Jandaha P. S. Case No. 166 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T