Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73295 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- MATIHANI District- Begusarai ====================================================== 1.

GANESH KUMAR SON OF RAMANAND SINGH RESIDENT OF VILLAGE - SINGHMA, WARD NO. 6, PS- MATIHANI, DISTTBEGUSARAI 2.

MUNNA KUMAR SON OF RAMANAND SINGH RESIDENT OF VILLAGE - SINGHMA, WARD NO. 6, PS- MATIHANI, DISTTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-11-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Motihari P.S. Case No. 44 of 2023 registered for the offences punishable under Sections-307, 342, 506/34 of the Indian Penal Code and 27 of the Arms Act.

3. Allegedly, the petitioners along with others having armed with deadly weapon surrounded the informant and on the order of co-accused Ramanand Singh, the other co-accused persons fired upon the informant as a result of which, he sustained fire-arm injury.

Patna High Court CR. MISC. No.73295 of 2023(2) dt.09-11-2023 2/2

4. Learned counsel for the petitioners has submitted that the petitioners are persons of clean antecedent. Though they are named in the FIR but there is no specific allegation of opening fire. On exactly similar footing, vide Annexure-2 to this petition, co-accused Ramanand Singh and Anil Kumar have been granted anticipatory bail by this court vide order dated 2508-2023 passed in Cr. Misc. No. 47135 of 2023.

5. Learned Additional Public Prosecutor opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Smt. Ruby Kumari, learned Judicial Magistrate-Ist Class, Begusarai in connection with Motihari P.S. Case No. 44 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) A.K.V.//- U T