Bittu Kumar @ Rakesh Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55622 of 2023 Arising Out of PS. Case No.-239 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== BITTU KUMAR @ RAKESH RAJ S/O- Jitendra Singh R/O- VillageBaraini, P.S.- Belaganj, Dist- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhukar Anand, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2023

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

2. Petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 239 of 2021 dated 04.08.2021 registered for the offences punishable under Sections 341, 323, 307, 504, 506 read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that the petitioner has fair and clean antecedent and he has been dragged in this case merely on account of being son of the co-accused Jitendra Singh and the FIR goes to show that the alleged occurrence was not pre-planned and the same took place when an incident of abusing and scuffling took place in between one person namely, Amrendra Singh and father of this petitioner and in the FIR, there is no specific allegation against

Patna High Court CR. MISC. No.55622 of 2023(2) dt.13-09-2023 2/2 the petitioner and the main allegation of causing firearm injury to the informant is against the father of this petitioner and only one firearm injury was found on person of the informant which has been opined to be simple in nature.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions as well as taking into account petitioner's clean antecedent and the genesis of occurrence as well as the nature of allegation appearing against the petitioner, this Court is inclined to accept the prayer for anticipatory bail of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, 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 the Court concerned in connection with Belaganj P.S. Case No. 239 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J.) Maynaz/- U T