Bullet @ Shintu Kumar @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64213 of 2023 Arising Out of PS. Case No.-877 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== BULLET @ SHINTU KUMAR @ SINTU KUMAR son of Mahesh Mistry @ Mahesh Mistri Village- Jagdishpur Abgila Ps- Gaya Moffasil Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023 1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Muffasil P.S. Case No.877 of 2022, registered for offences under Sections 147, 148, 149, 341, 323, 307, 337, 427, 448, 153, 504 and 506 of the Indian Penal Code. 3.

The case of the prosecution, in brief, according to the informant is that 7 accused persons, named in the F.I.R., along with 20-25 unknown miscreants, had arrived at the house of the informant, variously armed, whereafter they assaulted the informant and his family members, causing injuries upon their person and also had damaged the household articles and motorcycle of the informant. It is also alleged that the said dispute had taken place on account of bursting of fire crackers

Patna High Court CR. MISC. No.64213 of 2023(2) dt.19-10-2023 2/3 in front of the house of the informant, to which the informant had objected.

4.

Learned counsel for the petitioner has submitted that the petitioner is innocent, he has falsely been implicated in the present case and he is having a clean antecedent. It is further submitted that a general and omnibus allegation has been levelled against the accused persons and the injuries, if any sustained by the injured persons have been found to be simple in nature. It is also submitted that similarly situated co-accused persons have been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 28.07.2023, passed in Cr. Misc. no. 38263 of 2023.

5.

Regard being had to the submissions made on behalf of the parties and taking into account the parity of the case of the petitioner with that of the co- accused persons, who have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.64213 of 2023(2) dt.19-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st class, Gaya in connection with Muffasil PS case no. 877 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T