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Patna High CourtCR. MISC./52385/2024allowed

Akhilesh Kumar v. The State Of Bihar

2024-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52385 of 2024 Arising Out of PS. Case No.-272 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

Akhilesh Kumar Son of Ram Bilash Rai R/O Vill.- Alawalpur, Mahmada, P.s.- Sarai, Dist.- Vaishali 2.

Arjun Rai Son of Ram Babu Rai R/O Vill.- Alawalpur, Mahmada, P.s.- Sarai, Dist.- Vaishali 3.

Rakesh Kumar Son of Ram Bilash Rai R/O Vill.- Alawalpur, Mahmada, P.s.- Sarai, Dist.- Vaishali ... ... petitioner/s

Versus

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

For the petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per the F.I.R., the petitioners along with other accused persons participated in the alleged occurrence in which two persons sustained gun shot injuries as mentioned in para 82 and 83 of the case diary.

4.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.52385 of 2024(2) dt.31-08-2024 2/2 petitioners that the petitioners are quite innocent and have committed no offence. From the perusal of the F.I.R., there is no any direct and specific allegation against the petitioners. The allegation leveled against the petitioners are not specific rather general and omnibus in nature. The petitioners have 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 the injury was found simple in nature, let the above named petitioners, be released on bail, in the event of their 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) each 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 Sadar Hajipur P.S. Case No. 272 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Guddu/- U T