Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58412 of 2017 Arising Out of PS.Case No. -439 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ====================================================== Ravi Kumar son of Ram Binod Rai, Resident of Village - Jitwarpur Hasanpur, P.S. - Muffasil, District - Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the State : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Samastipur P.S. Case No. 439 of 2017 registered under Sections 147, 148, 149, 307, 323, 324, 326, 341, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted by the learned counsel for the petitioner that, as a matter of fact, this case is counter blast of Mufassil P.S. Case No.438 of 2017 registered inter alia under Section 307 of the Indian Penal Code and Section 27 of the Arms Act wherein it has been alleged that twelve named persons and 20 to 25 unknown persons came to the house of Abinash Kumar and fired

Patna High Court Cr.Misc. No.58412 of 2017 (2) dt.12-12-2017 2/2 indiscriminately in which the petitioner sustained bullet injuries. He submitted that even in the case instituted against the petitioner save and except the allegation that the petitioner fired in air there is no other material to connect him with the alleged offence. Learned counsel for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Samastipur in connection with Mufassil P.S. CaseNo.439 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T