Dipnarayan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60707 of 2023 Arising Out of PS. Case No.-2 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Dipnarayan Prasad Son Of Late Bindeshear Prasad Resident Of VillageDulchandpur, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 02 of 2020, corresponding to G.R. No. 59 of 2020 registered for the offences punishable under Sections 147, 148, 149, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, accused persons including the petitioner came at the shop of informant and co-accused Manish Kumar and Chhotu @ Vivek have fired on Kunal Kumar, son of informant, from their pistol due to which he sustained grievous injuries in stomach and arm and also snatched his mobile.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence. There is no allegation of firing is against the petitioner and Section 307 of the

Patna High Court CR. MISC. No.60707 of 2023(2) dt.11-10-2023 2/2 IPC is not made out against the petitioner in this case. There is general and omnibus allegation against the petitioner. He further submits that similarly situated co-accused Vipul Kumar @ Bipul Kumar has already been granted provisional anticipatory bail vide order dated 07.03.2022 which is confirmed later on vide order dated 21.04.2022 passed in Cr. Misc. No. 17203 of 2021. Petitioner has no criminal antecedent.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Laheri P.S. Case No. 02 of 2020, corresponding to G.R. No. 59 of 2020, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T