Prakash Kumar @ Omprakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67655 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Prakash Kumar @ Omprakash Kumar Son of Nand Kishore Yadav@ Nandkishor Prasad Resident of Village- Bullak Bigha, P.S. Belaganj, DistrictGaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar For the Opposite Party/s :
Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 307, 506/34 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case, in brief, is that while the informant with his son had gone to see Tilak ceremony, the accused persons including the petitioner caught hold of his son and firing was made which hit thigh of son of the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The
Patna High Court Cr.Misc. No.67655 of 2018(2) dt.27-11-2018 2/2 nature of injury is said to be simple as per Annexure-2 to the present application. No offence u/S 307 of the Indian Penal Code is made out.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below 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 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Belaganj P.S. Case No. 96 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T