Anshu Kumar @ Mangru Chaurasiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55824 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- BIHTA District- Patna ====================================================== Anshu Kumar @ Mangru Chaurasiya Son of Bhana Chaurasiya @ Abhay Kumar Chaurasiya Resident of Vill- Jamunapur, P.S.- Bihta, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Niwas Prasad, Advocate For the Opposite Party/s :
Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bihta P.S. case No. 164 of 2024 instituted for the offences under Sections 342, 379, 385, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. It is alleged that when informant's brother was sleeping in his shop, all the accused persons came at the shop and demanded money from him and when the informant's brother refused to give the money then all the accused persons took out pistol and, in the meantime, co-accused Ramashankar Paswan @ Kara fired upon him due to which he sustained gunshot injury in his chest. It is further alleged that miscreants
Patna High Court CR. MISC. No.55824 of 2024(2) dt.09-08-2024 2/3 took Rs. 40,000/- from the cash box of the shop and fled away.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that petitioner is not named in the FIR rather his name has transpired in this case merely on the basis of confessional statement of the co-accused Ramashankar Paswan. The specific allegation of firing is attributed to co-accused Ramashankar Paswan @ Kara. Learned counsel further submitted that as per injury report of the informant's brother, one firearm injury has been caused on the chest which is grievous in nature. The co-accused person has already been granted regular bail by this Bench vide order dated 03.07.2024 passed in Cr. Misc. No. 45842 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.55824 of 2024(2) dt.09-08-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Bihta P.S. case No. 164 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T