Rahul Piyush v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68496 of 2021 Arising Out of PS. Case No.-746 Year-2021 Thana- KHAJANCHI HAT District- Purnia ====================================================== RAHUL PIYUSH Son of Pramod Kumar @ Pramod Kumar Singh Resident of Fatehpur, P.S.- Nathnagar, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with K. Hat P.S. Case no. 746 of 2021 instituted for the offence under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, while the informant was sitting in his Office, accused persons entered into his office and co-accused Sunny fired repeatedly on his head and arms and assuring about his death, he along with others fled away from there. There is suspicion against the petitioner because earlier he had borrowed a sum of Rs. 80,000/- from the informant and due to old friendship of the petitioner with Sunny. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.68496 of 2021(3) dt.23-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Specific allegation of firing shot is against Sunny and not against the petitioner. Injury report also shows that informant has sustained gun shot injuries. Petitioner has been falsely implicated in this case because of his old friendship with main accused. There is no specific overt act against the petitioner. He has got no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with K. Hat P.S. Case no. 746 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U