Jitendra Thakur @ Jhunjhun Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58418 of 2019 Arising Out of PS. Case No.-426 Year-2019 Thana- KANTI THARMAL POWER DistrictMuzaffarpur ====================================================== 1.

JITENDRA THAKUR @ JHUNJHUN THAKUR Son of Satrudhan Thakur 2.

Satrudhan Thakur Son of Late Bhuvneshwar Thakur Resident of Village - Kushi Harpur, Rammi, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neeraj Kumar Alias Sanidh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2019 The petitioners apprehend their arrest in connection with Kanti P. S. Case No. 426 of 2019 registered under Sections 307 of the Indian Penal Code and 25(1-b)a/26/27 and 35 of the Arms Act.

Allegation against the petitioners is that petitioner nos. 1 and 2 demanded a sum of Rs. 50,000/- by way of Rangadari from the informant and petitioner no. 1 fired upon the informant's leg causing him injury.

Mr. Neeraj Kumar, learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in this case inasmuch as no extortion money was allegedly paid by the informant to the petitioners. He further submits that no firearm injury has been found upon the person

Patna High Court CR. MISC. No.58418 of 2019(3) dt.20-11-2019 2/2 of the informant and police has allegedly recovered a firearm i.e., loaded pistol in front of the house of the petitioner no. 1 and police has submitted chargesheet against the petitioners under the Arms Act only.

Having regard to the submissions made by the parties and taking into consideration the fact that no firearm injury has been found upon the person of the informant and recovery of firearm is not from the conscious possession of the petitioners, as such I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned SDJM, West, Muzaffarpur in connection with Kanti P.S.Case No. 426 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T