Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71820 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== 1.

PRINCE KUMAR SON OF SHAMBHU YADAV R/O VILLAGESAHUGARH, DULHARAM TOLA, P.S. AND DISTRICT- MADHEPURA 2.

CHHOTU @ CHHOTU KUMAR SON OF ASHOK KUMAR R/O VILLAGE- SAHUGARH, DULHARAM TOLA, P.S. AND DISTRICTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha For the Opposite Party/s :

Mrs. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307/34 of the Indian Penal Code and section 27 of Arms Act.

The prosecution case in short is that when the informant with his friend was returning from Madhepura to his house by scorpio vehicle, the petitioners and one another accused made firing over the scorpio and thereafter they escaped on seeing the people coming over there. On information, the police came on the spot and the informant handed over empty cartridge to the police.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.71820 of 2022(2) dt.02-02-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioners. He further submits that there is a compromise between the parties. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, as there is a compromise between the parties, let the above named petitioners, be released on bail, in the event of their 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) each 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 Madhepura P.S. Case No.89 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T