Aakash Kumar @ Awakash Kumar @ Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18162 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== Aakash Kumar @ Awakash Kumar @ Akash Kumar Son of Ram Singhasan Prasad Resident of village - Manjhar, P.S. Paraiya, District Gaya. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2017 Heard both sides.
The petitioner apprehends his arrest in Paraiya P.S. Case No. 113/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code and sections 25(1-b)a, 26 of the Arms Act.
The informant alleged that all the accused persons including the petitioner came at his door and called him. All the accused persons abused the informant and also assaulted him by the sticks and sword. The accused persons also assaulted father and cousin sister of the informant. While the accused persons were fleeing away, one pistol and live cartridges fell down from petitioner's pocket. The pistol and live cartridges were produced before the police.
Patna High Court Cr.Misc. No.18162 of 2017 (2) dt.16-05-2017 2/2 Learned counsel for the petitioner submits that there is case and counter case. On account of land dispute the occurrence took place. Mother of the petitioner Sanju Devi filed Paraiya P.S. Case no. 114/2016 under Section 307 and other sections of the Indian Penal Code. No specific allegation of assault is made against the petitioner. The petitioner is the son of Sanju Devi and Ram Singhasan Singh. The co-accused Ram Singhasan Singh has already been granted anticipatory bail. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Gaya in connection with Paraiya P.S. Case No. 113/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.)