Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63488 of 2023 Arising Out of PS. Case No.-147 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Anil Kumar Son Of Vishundev Yadav, Resident Of Village Rampur, P.S. Alauli, Dist Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Chandra, Advocate For the Opposite Party/s :

Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 342, 307 of the Indian Penal Code and Sections 25(1-b)a, 26(i), 27, 35 of the Arms Act.

3. The prosecution case, in short, is that on 12.04.2023 the informant with other persons came to the house after labour work and on the way the accused persons including the petitioner came. Coaccused Chakradhar Yadav and Brahmdeo Yadav gave order to kill, then the accused persons including the petitioner made firing. The informant fell on the land and hide himself behind nad. On firing the villagers came and thrown brick and stone. The villagers caught Amod, petitioner and one unknown boy and handed over to police. Unknown boy disclosed his name as Rohit Kumar and from his possession one katta, bullet and mobile were recovered. Two bike

Patna High Court CR. MISC. No.63488 of 2023(2) dt.10-10-2023 2/2 was also recovered from the place of occurrence.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.04.2023 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. No fire arms is alleged to have been recovered from the possession of the petitioner.

5. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below/concerned Court in connection with Alauli P.S. case No.147 of 2023. Narendra/- (Sudhir Singh, J) U T