Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52124 of 2024 Arising Out of PS. Case No.-64 Year-2023 Thana- DELHA District- Gaya ====================================================== Anuj Kumar, S/O Anil Prasad, R/O Mohalla- Gurudwara Road, Near Samridhi Shikhar, Kanya School, P.S- Kotwali, Distt.- Gaya. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the said case also has been instituted by the present informant. It is next submitted that the informant alleges that the accused persons along with the petitioners were firing, which the informant saw from his balcony and the accused were

Patna High Court CR. MISC. No.52124 of 2024(2) dt.26-07-2024 2/3 threatening to withdraw the case instituted by the informant against petitioner and Rohit Kumar.

4. The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the same does not inspire confidence for the reason that it absolutely does not stand to reason that the accused persons including the petitioner would have been firing from the road and the informant would have been watching the same from his balcony and thereafter, the accused would have threatened him to withdraw the case. It is also submitted that no cartridges were recovered from the place of occurrence. It is next submitted that since informant had earlier instituted one case against the petitioner, as such, the instant case has been instituted by way of after thought.

5. Learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, abovenamed, in the event of his arrest or surrender before the

Patna High Court CR. MISC. No.52124 of 2024(2) dt.26-07-2024 3/3 learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., Gaya/ successor Court in connection with Delha P. S. Case No.64 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T