Aditya Kashyap @ Bablu @ Aaditya Kashyap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68605 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- PAHARPUR District- East Champaran ====================================================== Aditya Kashyap @ Bablu @ Aaditya Kashyap, S/o Rabindra Prasad, Resident of Village-Nauwa Dih Tola Satahan, P.S. Paharpur, Distt.-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar No.III, Advocate.

For the Opposite Party :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 379, 504 and 506/34 of the IPC.

The prosecution story, in brief, is that when the informant came out from his M/S. Prasad Agri. Co. and Industries Pvt. Cold Storage, Manguraha, after finishing his work for going to his residence then on the road from before Tuv of Mahindra Company bearing Registration Number BR05R-9321 was parked there and seeing the informant, both the accused petitioners with 3-4 other persons having small country made gun surrounded him and both the accused persons did murderous attacked on him and his neck was tried to be pressed

Patna High Court Cr.Misc. No.68605 of 2018(2) dt.28-11-2018 2/3 by them with intention to kill. They were saying to shoot the informant. On hearing the writhing sound of the informant, the nearby people were coming to him. On seeing them petitioner Aditya Kumar Kashyap took out his chain from his neck and Rs. 20,000/- from the bag and all of them fled away towards Bettiah with one and the same vehicle.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Nature of injury is said to be simple. No offence under Section 307 of the IPC is made out. Rests of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or 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 the learned C.J.M., East Champaran, Motihari, in connection with Paharpur P.S. Case

Patna High Court Cr.Misc. No.68605 of 2018(2) dt.28-11-2018 3/3 No. 82 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T