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Patna High CourtCR. MISC./62950/2022allowed

Dharam Veer Kumar v. The State Of Bihar

2023-02-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62950 of 2022 Arising Out of PS. Case No.-301 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== 1.

DHARAM VEER KUMAR Son of Ganauri Ram R/V- Bijwanpar, P.S- Deep Nagar, Dist- Nalanda.

2.

Gooddu Ram @ Goodun Ram @ Guddu Kumar Son of Mithlesh Ram R/VBijwanpar, P.S- Deep Nagar, Dist- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioners, learned APP for the state as well as learned counsel appearing on behalf of the informant.

Petitioners apprehend their arrest in connection with Deep Nagar P.S. Case No.301 of 2022, registered for the offences punishable under Sections 147, 148, 149, 323, 307 and 504 of the Indian Penal Code and Sections 25(1-b)a/26/35/27 of the Arms Act.

The petitioners are said to have fired upon the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as

Patna High Court CR. MISC. No.62950 of 2022(2) dt.23-02-2023 2/2 stated in paragraph-3 of the bail petition. It is further submitted that the allegation against the petitioner is of firing upon the informant, but the informant did not sustain any injury. It is submitted that the police did not recover any cartridge from the place of occurrence rather the petitioners handed over the empty cartridge to the police and on that basis seizure list was prepared.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Deep Nagar P.S. Case No.301 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T