Gaurav Kumar @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67370 of 2023 Arising Out of PS. Case No.-729 Year-2022 Thana- HARNAUT District- Nalanda ====================================================== 1.

Gaurav Kumar @ Munna Kumar S/O Shri Uma Shankar Singh R/O VillageBasti, P.S- Harnaut, Distt.- Nalanda. 2.

Pappu Singh S/O Late Jawahar Singh R/O Village- Basti, P.S- Harnaut, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 307, 427, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

3. As per the F.I.R., the allegation against the petitioners is that they have fired upon the informant with the intention to kill him.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners and informant are

Patna High Court CR. MISC. No.67370 of 2023(3) dt.23-01-2024 2/2 own agnates. There is case and counter-case between the parties. No person has injured in firing shot by the petitioners. Learned counsel has filed supplementary affidavit on behalf of the petitioners in which he mentioned that the informant, Santosh Kumar Singh has also involved in five criminal cases. Petitioner no.1 has five criminal antecedents and petitioner no.2 has two criminal antecedents as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, no person has received injury, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Harnaut P.S. Case No.729 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T