Doman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70367 of 2023 Arising Out of PS. Case No.-844 Year-2022 Thana- FATUA District- Patna ====================================================== 1.

Doman Kumar S/O Vijay Singh @ Vijay Yadav Village- Balwa, Ps. Fatuha, Dist. Patna 2.

Pancham Kumar S/O Suresh Singh @ Suresh Yadav Village- Balwa, Ps. Fatuha, Dist. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 341, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, due to sound box issue, an altercation took place between two different groups and 50 rounds of firing made because of that villagers were in atmosphere of fear. Petitioners are members of one of said groups.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.70367 of 2023(2) dt.10-11-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He further submits that both sides have fired 50 rounds of gun shots but no one injured during firing. There is no direct allegation against these petitioners. The police has seized 14 empty cartridges from the place of occurrence. Petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, 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 lower Court where the case is pending/successor Court in connection with Fatuha P.S. Case No. 844 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) mdrashid/- U T