Patna High CourtCR. MISC./46175/2022bail granted

Anand Kumar @ Bitan Sharma v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46175 of 2022 Arising Out of PS. Case No.-154 Year-2017 Thana- DIGHWARA District- Saran ====================================================== ANAND KUMAR @ BITAN SHARMA S/O LATE SUDAMA SHARMA Resident of village- Ganghara, P.S.- Shahpur, District- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ghanshyam Tiwary For the Opposite Party/s :

Ms/Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under section 302 and other ancillary sections of the Indian Penal Code and section 27 of the Arms Act.

Prosecution case is that petitioner and other accused persons made indiscriminate firing as a result of which informant's son sustained injuries and died thereof. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of firing against the accused persons and no specific overt act has been alleged against the petitioner. Doctor has found one fire arm injury on the person of the deceased. Similarly situated co-

Patna High Court CR. MISC. No.46175 of 2022(2) dt.06-12-2022 2/2 accused has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 55085/2018. Petitioner has got no criminal antecedent.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Additional Sessions Judge IX, Saran at Chapra in Dighwara Police Station Case No. 154 of 2017, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T