Shaswat Kumar @ Amulya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56293 of 2019 Arising Out of PS. Case No.-55 Year-2019 Thana- BHAGWANGANJ District- Patna ====================================================== Shaswat Kumar @ Amulya Kumar, Son of Shambhu Sharma, Resident of Village - Shriwanichak, P.S.- Bhagwanganj, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmi Kant Sharma, Advocate.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanganj P.S. Case No. 55 of 2019, registered under Sections 323, 341, 307, 504 and 506/34 of the Indian Penal Code. The accusation is that on 19.05.2019, informant, Ram Bachan Sharma along with his family members went to cast their votes at Upgraded Middle School, Shriwanichak. At that time, Shambhu Sharma, Dhruv Kuamar and Shaswat Kumar (petitioner) along with 4 to 5 persons having armed rifle and gun in their hand came at the house of informant and started to abuse and made indiscriminate firing, in which, co-villager Radhamani Devi sustained firearm injury.

Learned counsel for the petitioner submits that, in fact,

Patna High Court CR. MISC. No.56293 of 2019(3) dt.11-09-2019 2/2 on the date of occurrence, informant and others came at the house of the petitioner and made indiscriminate firing, in which, Shambhu Sharma (father of the petitioner) sustained injury thereafter, Shambhu Sharma was rushed to P.M.C.H., for treatment, regarding which, Bhagwanganj P.S. Case No. 50 of 2019 is instituted under Sections 323, 341, 307 and 504/34 on the basis of written report of Shambhu Sharma, father of the petitioner. In fact, while the occurrence took place on 19.05.2019 but the present case has been lodged on 12.06.2019 after 23 days on the basis of written report of the informant. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Masaurhi, in connection with Bhagwanganj P.S. Case No. 55 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.