Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47087 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== Anish Kumar, Male, aged about- 25 years, Son of- Late Arvind Singh resident of village - Dulhinganj, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 07-12-2022 Heard Mr. Prabhat Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP for the State.

Petitioner who is in custody since 31.05.2022 seeks regular bail in connection with Jagdishpur P.S. Case No. 213 of 2021 registered for offences punishable under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case in brief is that petitioner along with other co-accused namely, Rabindra Mahto had fired on the informant, who received injury on the left side of his back. Learned counsel appearing on behalf of the petitioner submits that petitioner has committed no offence and has falsely been implicated in the present case. The allegation of having fired is on Rabindra Mahto. Petitioner is not named in the F.I.R.

Patna High Court CR. MISC. No.47087 of 2022(2) dt.07-12-2022 2/3 He further submits that petitioner has clean antecedent and he is in custody since 31.05.2022. On these grounds, petitioner seeks to be released on bail.

Learned A.P.P., for the State has opposed the prayer for grant of bail to the petitioner.

Considering the nature of allegation made against the petitioner that he had accompanied one Rabindra Mahto, who had fired upon the informant. In absence of any allegation of overt act to have been committed by the petitioner, petitioner prima facie has made out a case to be released on bail. The petitioner, above named, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 213 of 2021 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (iii) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.47087 of 2022(2) dt.07-12-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bond.

Petitioner is directed to remove all the defect(s) as pointed out by the Stamp Reporter within two weeks' and thereafter, registry shall communicate the order to the Court below forthwith.

(Purnendu Singh, J) Niraj/- U T