Rituraj @ Rituraj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68159 of 2023 Arising Out of PS. Case No.-87 Year-2022 Thana- NIMACHANDPURA District- Begusarai ====================================================== Rituraj @ Rituraj Sharma S/O Raghunandan Sharma Village- Ajhaur, PsNimachandpura, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma, Advocate Mrs. Namita Kumari, Advocate For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-10-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Nimachandpural P.S. Case No. 87 of 2022 dated 23.08.2022 registered for the offence punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, on order of the coaccused Rajo Sahni, the petitioner made firing on Manjesh but he escaped. Then on the order of the co-accused Rajo Sahni, the co-accused Manoj Das fired on the informant due to which he sustained injury on his left shoulder and he fell down. Then the petitioner and the co-accused persons fled away assuming him

Patna High Court CR. MISC. No.68159 of 2023(2) dt.31-10-2023 2/2 to be dead.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has further submitted that there is specific allegation of firing against the petitioner which did not hit. It is further submitted that the specific allegation of firing is against the co-accused Manoj Das.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai in connection with Nimachandpural P.S. Case No. 87 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Atul/- U T