Patna High CourtCR. MISC./55503/2022bail granted

Anshu Kumar v. The State Of Bihar

2023-03-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55503 of 2022 Arising Out of PS. Case No.-237 Year-2022 Thana- FATUA District- Patna ====================================================== Anshu Kumar Son of Late Pramod Yadav @ Pramod Singh Resident of Village- Budhuchak, P.S.- Fatuha, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 302, 506/34 of the IPC and section 27 of the Arms Act. As per the prosecution case, the informant was assaulted and threatened by two co-accused persons including the petitioner and thereafter petitioner and the co-accused came along with co-accused Vikash Kumar who is alleged to have shot the informant's mother dead and fled away. Further it is alleged that there was dispute between both the parties. It is submitted on behalf of the petitioner that specific accusation of firing is against co-accused Vikash Kumar. So, far this petitioner is concerned he is only alleged to have assaulted

Patna High Court CR. MISC. No. 55503 of 2022(3) dt.14-03-2023 2/2 along with other co-accused persons. There is case and counter case between the parties.

However, counsel for the informant vehemently opposes the prayer for bail and submits that the informant is eye witness of the occurrence and real dispute was with this petitioner due to which the alleged occurrence took place. Considering the fact that, petitioner is only accused to have assaulted along with other co-accused persons in the event of arrest/surrender within six weeks from today, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM I Patna City District- Patna in connection with Fatuha P.S. Case No. 237/2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) asmit/- U