Vijay Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69513 of 2024 Arising Out of PS. Case No.-185 Year-2024 Thana- NADI P.S. District- Patna ====================================================== Vijay Kumar @ Abhishek Kumar S/o Ramesh Chandra Nirala R/o VillageJethuli, P.S.- Nadi, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajanan Mishra For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 342, 323, 307, 504, 506 of the IPC and Section 27 of Arms Act. 3.

As per the FIR, the allegation against the petitioner is that he and other co-accused persons fired upon the informant and her family members and also entered in her house for the purpose of searching witness of Nadi P.S. Case No.76 of 2023. 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. 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. There is no specific overt act against the petitioner. It is further submitted that for the same occurrence

Patna High Court CR. MISC. No.69513 of 2024(2) dt.17-10-2024 2/2 two FIR was lodged against the petitioner, one by the police and another by the informant. The petitioner has been granted anticipatory bail by the Court below itself in the case lodged by the police. Petitioner has two criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioners threatened the informant's side/witnesses of Nadi P.S. Case No.76 of 2023 that if anyone will go to the Court for deposition, they will be murder him. 6.

Having regard to the facts and circumstances of the case as well as considering that two cases were lodged for the same offence, 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 Nadi P.S. Case No.185 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T