Ankit Kumar @ Vivek Saurabh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66620 of 2023 Arising Out of PS. Case No.-351 Year-2023 Thana- NAGAR District- Vaishali ====================================================== ANKIT KUMAR @ VIVEK SAURABH Son of Late Rakesh Singh R/o vill - Gandhi Ashram, P.S. - Hajipur Town, Distt. - Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

Mrs.Vaishnavi Singh, Adv.

Mr.Ritwik Thakur, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 447, 341, 323, 307, 379, 385, 504, 506 of the IPC and 27 of the Arms Act. 3.

Allegedly, all the F.I.R. named accused persons including the petitioner armed variously came at the door of informant and started abusing and on protest, one Sajjan Kumar fired from pistol upon the informant which hit to the uncle of the informant. Petitioner is alleged to have took out Rs.5000/- and gold chain and make firing in order create terror. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.66620 of 2023(2) dt.31-10-2023 2/2 has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. No person sustained any injury by the alleged firing made by the petitioner. The injury of the injured was found simple in nature and the same is not attributable against the petitioner. Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Hajipur Town P.S. Case No.351 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T