Saurabh Kumar @ Ankesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62332 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Saurabh Kumar @ Ankesh Kumar S/o Ravindra Yadav R/o vill - Raghunikitta, P.S. - Dhoraiya, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anupa Nand Jha For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-10-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 308, 448, 504, 506, 34 of the Indian Penal Code and 25(1)(b), 26(1), 27 and 35 of the Arms Act.

3.

As per the FIR, the allegation against the petitioner is that he opened fire in the air and also abused the informant. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submitted that from bare perusal of the impugned order it is apparent that the injuries sustained by the

Patna High Court CR. MISC. No.62332 of 2024(2) dt.01-10-2024 2/2 injured is of simple nature. There is no recovery of incriminating articles from the possession or the house of the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dhoraiya P.S. Case No.161 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T