Aditya @ Kaushal @ Aditya Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71775 of 2024 Arising Out of PS. Case No.-340 Year-2024 Thana- BUXAR District- Buxar ====================================================== Aditya @ Kaushal @ Aditya Raj S/O Manoj Kumar Singh @ Manoj Singh @ Munna Singh R/O Village- Pithari, P.S.- Rajpur, District- Buxar. At Present R/O Veer Kuwar Singh Colony Near Radiant School Buxar, P.S.- Buxar Town, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Buxar Town P.S. Case No. 340 of 2024 dated 28.06.2024, instituted for the offence punishable under Sections 307/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the informant, who is ASI, received an information that firing has been made by two groups regarding some dispute at Veer Kuwar Singh Colony, near Radiant School. Upon information, he reached near the place of occurrence and inquired about the occurrence, where he was informed that two groups; one of Aditya @ Kaushal (petitioner) along with 3-4 unknown friends
Patna High Court CR. MISC. No.71775 of 2024(2) dt.23-10-2024 2/3 and other of Ayush Raj Thakur along with other persons gathered to mediate over some previous dispute and during the same an altercation broke out between them and both groups opened firing upon each other and upon seeing the police they fled away.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that this case has been lodged only on the basis of suspicion. It is apparent from the FIR that no one has received injury in the alleged occurrence. It is further submitted that no incriminating materials has been recovered from the place of occurrence. It is next submitted that no any resident of alleged area has filed any complaint against the petitioner or any other person. Lastly, it has been submitted that petitioner has one criminal case against him.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Buxar Town P.S. Case No. 340 of 2024, he/they shall be released on anticipatory bail
Patna High Court CR. MISC. No.71775 of 2024(2) dt.23-10-2024 3/3 upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of C.J.M. at Buxar, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T