Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72474 of 2021 Arising Out of PS. Case No.-388 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== Ajay Kumar S/o Yogendra Mahto R/V- Dubha Bujurg, P.S.- Sakara, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Sakra P.S. Case No. 388 of 2021 registered for the offences punishable under Sections 341, 323, 307, 504, 506, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per F.I.R., the informant alleges that the petitioner and co-accused Sunil Kumar along with two unknown persons surrounded him and on gun point petitioner abused him and ordered to snatch all the articles of the informant, thereafter co-

Patna High Court CR. MISC. No.72474 of 2021(2) dt.09-06-2022 2/3 accused Sunil Kumar snatched golden chain worth of Rs. 75,000/- from the neck of the informant and Rs. 700/- from his pocket. Hearing the noise some villagers reached at the spot, seeing the people accused persons fled away by firing from the pistol of the petitioner.

Learned counsel for the petitioner submits that the petitioner and informant are neighbour and relative, wife of the brother of the petitioner had lodged a complaint case against the informant and others on 02.08.2021 before the learned Chief Judicial Magistrate, Muzaffarpur vide Complaint Case No. 1715 of 2021 and thereafter on 03.08.2021 the informant has lodged the present F.I.R. for the occurrence dated 30.07.2021 making false allegation against the petitioner. The petitioner has no criminal antecedent.

Learned counsel for the petitioner further submits that there is general and omnibus allegation of firing against the petitioner, however, there is no allegation of any injury caused to anyone.

Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioner. Considering the aforesaid facts and circumstances, nature of allegation and petitioner has no criminal antecedent,

Patna High Court CR. MISC. No.72474 of 2021(2) dt.09-06-2022 3/3 let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-12, Muzaffarpur in connection with Sakra P.S. Case No. 388 of 2021, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. ved/- (Sunil Dutta Mishra, J) U T