Rohit Kumar @ Chikki v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68272 of 2022 Arising Out of PS. Case No.-765 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== ROHIT KUMAR @ CHIKKI Son of Nawab Lal Yadav R/o Naya Tola, Kumhrar, P.S.- Agam Kuan, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

Learned counsel for the petitioner submits that petitioner has antecedent of one case and from perusal of the allegation as alleged in the F.I.R, it would manifest that on account of dispute relating to land between the informant and Awadesh and others, the present occurrence is alleged to have taken place in which it is alleged that petitioner was also standing at the place of occurrence with firearm, it is next submitted that there is no allegation of firing against the petitioner nor any specific overt act has been alleged, it is next

Patna High Court CR. MISC. No.68272 of 2022(3) dt.21-12-2022 2/2 submitted that against Awadesh, the informant alleges that he assaulted by butt of the pistol and even fired but missed and the said Awadesh has been granted Anticipatory bail by the learned Trial Court itself by order dated 11.03.2022 in A.B.P. No. 1094 of 2022. It is thus submitted that the case of the petitioner on a much better footing.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Agamkuan P.S. Case No. 765 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T