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Patna High CourtCR. MISC./59448/2025bail granted

Gorakh Prasad v. The State Of Bihar

2025-09-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59448 of 2025 Arising Out of PS. Case No.-47 Year-2024 Thana- MAHARAJGANJ District- Siwan ====================================================== Gorakh Prasad S/o Ram Sagar Prasad Village - Kashdaura Upadhyay Tola, P.S. - Maharajganj, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramadhar Shekhar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 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 offence under Sections 307, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per Fardbeyan, few days ago, this petitioner threatened the informant to kill and thereafter, on 20.02.2024 at about 1:15 PM, co-accused Chunnu Chaudhary and three persons covering their faces took out pistols from their waist and opened fire at the informant, as a result of which, informant sustained three fire-arm injuries.

4. Learned counsel for the petitioner submits that as per F.I.R. itself, specific accusation of firing is against coaccused Chunnu Chaudhary and three unknown miscreants. So

Patna High Court CR. MISC. No.59448 of 2025(2) dt.03-09-2025 2/2 far as this petitioner is concerned, he is only alleged to have threatened the informant few days ago and there is absolutely no allegation against this petitioner that he participated in the alleged occurrence of firing. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged 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 Judicial Magistrate 1st Class, Siwan in connection with Maharajganj P.S. Case No.47 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

(Prabhat Kumar Singh, J) anay U T