Abhishek Kumar @ Sanjay Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67279 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- GOGRI District- Khagaria ====================================================== Abhishek Kumar @ Sanjay Kumar Yadav S/o- Sri Arun Prasad Yadav @ Arun Yadav Resident of village- Shishwa (Basudeopur), ward No.- 9, P.S.- Gogri, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewanand Tiwari For the Informant :
Mr. Abhishek Anand For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner as well as learned counsel for the informant and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Gogri P.S. Case No. 73/2024 dated 23.02.2024 registered for the offences punishable u/s 341, 448, 307, 504 and 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, at the instance of the co-accused, the petitioner and the other co-accused persons fired on the mother and sister of the informant, but they saved.
Patna High Court CR. MISC. No.67279 of 2024(3) dt.27-09-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no injury caused by the informant's side, as per the injury report. No one sustained fire arm injury. The specific allegation of firing is against the co-accused. The other co-accused person has already been granted anticipatory bail by this court vide order dated 30.08.2024 passed in Cr. Misc. No. 60557 of 2024. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner. 6.
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, Khagaria in connection with Gogri P.S. Case No. 73/2024, subject to
Patna High Court CR. MISC. No.67279 of 2024(3) dt.27-09-2024 3/3 conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T