Mr. Birjendu Kumar @ Atul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55416 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Mr. Birjendu Kumar @ Atul son of Late Ram Bahadur Singh Resident of Sakeen and P.S- Mahisore, District- Vaishali, presently at 110, 2nd main VV Nagar, Vasanthpura Bengaluru, Bangalore, south Karnataka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Adv.

For the Opposite Party/s :

Ms. Nirmala Kumari, APP.

For the Informant :

Mr. manish Chandra Gandhi, Adv.

Mr. Himanshu Ranjan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 379, 506, 447, 34 of the Indian Penal Code and 25(1B)a & 27 of the Arms Act.

3. Allegation against the petitioner is that he along with four unknown persons came at the door of the informant and fired indiscriminately in which informant sustained injury on his back.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.55416 of 2024(4) dt.05-12-2024 2/3 falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and earlier the petitioner has lodged a case against the informant, thereafter the informant filed present case against the petitioner. Both the parties are agnates. The injury sustained by the victim is simple in nature. He further submitted that on perusal of written report it appears that accused persons fired indiscriminately, but from seizure list only one khokha was seized also shows the veracity of the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case and there is general and omnibus allegation made against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No.55416 of 2024(4) dt.05-12-2024 3/3 pending/successor Court in connection with Jandaha (Mahisour) P.S. Case No. 78 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) annpurna/- U T