Bileshwar Kumar @ Appu @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65525 of 2021 Arising Out of PS. Case No.-489 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== BILESHWAR KUMAR @ APPU @ AMIT KUMAR Son of Shesh Nath Singh Resident of Village - Pakauli, P.S.- Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 489 of 2020, registered for the offences punishable under Sections 341, 323, 324, 307, 354, 379, 385, 387/34 of the Indian Penal Code and under Section 27 of the Arms Act. As per allegation, the accused persons including the petitioner demanded ransom of Rs. 15,000/- from the informant. On the day of occurrence, six FIR named accused persons came to the house of the informant, they assaulted her and her husband. At the order of co-accused Sheshnath Singh, petitioner Bileshwar Kumar @ Apu @ Amit had opened fire which hit the stomach of the husband of

Patna High Court CR. MISC. No.65525 of 2021(5) dt.16-01-2023 2/2 the informant. Co-accused Abhishek Kumar @ Mantu assaulted him with sword on his head and co-accused Chandan Kumar snatched gold chain and mangalsutra from her neck.

Learned counsel for the petitioner has submitted that the petitioner is innocent He is in service and on the day of occurrence he was not present in the village, rather he was present at his working place. Both the parties are agnates and the defense side has already lodged two cases against the members of prosecution side. There is no specific allegation on the petitioner to assault anybody. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No.

489 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.