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Patna High CourtCR. MISC./68165/2024allowed

Indradev Kumar @ Indradev Mahto v. The State Of Bihar

2024-12-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68165 of 2024 Arising Out of PS. Case No.-76 Year-2023 Thana- BELDOUR District- Khagaria ====================================================== Indradev kumar @ Indradev Mahto S/o Hiralal Mahto R/o vill - Bobil, P.S. - Beldaur, Distt - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-12-2024 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3.

As per the FIR, informant alleged that petitioner and other co-accused persons made firing on the informant and his family members and threatened to kill them.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case due to passage dispute. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further

Patna High Court CR. MISC. No.68165 of 2024(2) dt.20-12-2024 2/2 submitted that though there is specific allegation against the petitioner to made firing upon the father of the informant but he had not sustained any injury in the said occurrence. Petitioner has no criminal antecedent.

5.

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

6.

Having regard to the facts and circumstances of the case, since no person sustained injury in the alleged occurrence, let the above named petitioner, be released on bail, in the event of his/her 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 Beldaur P.S. Case No.76 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T