Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71964 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- AGION (GARHANI) District- Bhojpur ====================================================== Anil Kumar Son of Mohan Yadav @ Mohan Singh Yadav Resident of village - Mahathin Tola, Police Station - Ayar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Agaion Garahani (Agion Garhani) P.S. Case No. 19 of 2024, dated 06.02.2024 registered for the offences punishable u/ss 341, 323, 324, 385, 307, 504 read with Section 34 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, on 06.02.2024 at about 12:30 O'clock two persons namely Anil Kumar (petitioner) and the co-accused, Pradeep Kumar arrived at the shop of the informant and asked for articles without money and on refusal of the same by the informant, the petitioner Anil Kumar

Patna High Court CR. MISC. No.71964 of 2024(2) dt.03-10-2024 2/3 assaulted the informant with slap and exhorted the co-accused, Pradeep Kumar to shoot him and on such exhortation, the coaccused, Pradeep Kumar took out a pistol from his waist and fired on the chest of the informant due to which he sustained injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is the only order giver and allegation against the petitioner is general and omnibus. The specific allegation of firing is against the coaccused, Pradeep Kumar and his regular bail has already been rejected by this court vide order dated 09.09.2024 passed in Cr. Misc. No. 60895 of 2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 12.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.71964 of 2024(2) dt.03-10-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Bhojpur at Ara in connection with Session Trial No. 262/ 2024 arising out of Agaion Garahani (Agion Garhani) P.S. Case No. 19 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T