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Patna High CourtCR. MISC./61312/2022allowed

Kiran Kumar @ Shiv Nandan Prasad Nirala v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61312 of 2022 Arising Out of PS. Case No.-168 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KIRAN KUMAR @ SHIV NANDAN PRASAD NIRALA Son of Bishwanath Singh R/V- Mahtawaniya, P.S- Udwantnagar, Dist- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Pandey For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, the petitioner entered into the house of the informant with country made pistol and fired on the sister-inlaw of the informant. It is further alleged that the accused persons attacked on the father of the informant due to which he became injured and sustained many internal injuries. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.61312 of 2022(2) dt.23-02-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute betweent he parties. He further submits that no fire arm injury was found and the police during inquiry not found anything at the place of occurrence. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Udwant Nagar P.S. Case No.168 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T