← Library
Patna High CourtCR. MISC./69879/2023allowed

Saurabh Kumar v. The State Of Bihar

2024-01-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69879 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- BARH District- Patna ====================================================== Saurabh Kumar Son Of Late Viveka Yadav Resident Of Village - Jalalpur, Police Station - Saksohara, At Present Village - Masood Bigaha, Police Station - Barh, District - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Nayan For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 385, 386, 387, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Petitioner along with other accused persons are said to have fired upon the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant, his wife and son were assaulted by the accused persons but no injury report or treatment slip has been found on record. He submits that the police has not seized any empty cartridge from the place of

Patna High Court CR. MISC. No.69879 of 2023(3) dt.30-01-2024 2/2 occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that petitioner has no criminal antecedent, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail 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 Barh P.S. Case No. 154 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T