Dibyanshu Kumar @ Bambam Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48190 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== Dibyanshu Kumar @ Bambam Sah Son Of Shiv Sah Resident Of Village - Jhauwa Diyara, Police Station - Kharik, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chausa P.S. Case no. 26 of 2022 instituted for the offence under Sections 341,323, 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.

Prosecution story is that when the informant was at home, the accused persons including petitioner came in inebriated condition and started abusing to the informant and after that they also started her due to which she sustained injury. It is further alleged to have fired by one of the accused persons. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.48190 of 2022(2) dt.15-12-2022 2/2 offence. A statement has been made in para 3 of the petition that he has got no criminal antecedent. He has falsely been implicated in this case. It is alleged that he made fire upon the informant which did not hit upon him and no one caused injury by firing.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chausa P.S. Case no. 26 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) aman/shubhamU T