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Patna High CourtCR. MISC./72394/2023bail granted

Raja Kumar @ Rajwa @ Aryan Singh v. The State Of Bihar

2023-11-10Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72394 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- KASHICHAK District- Nawada ====================================================== Raja Kumar @ Rajwa @ Aryan Singh, aged about 18 years (Male), Son Of Ram Udar Singh @ Ramotar Singh, R/O Village- Apsarh, P.S.- Warisaliganj, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party :

Mr. Mohammad Sufyan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Kashichak (Shahpur O.P) P.S. Case No. 106 of 2023 dated 08.05.2023 registered for the offences punishable under Sections 307/34 of the I.P.C. and Section 27 of the Arms Act.

4. As per the prosecution case, the informant's elder brother was coming to home after closing his shop and he reached 100 meters away from his village he was attacked by

Patna High Court CR. MISC. No.72394 of 2023(2) dt.10-11-2023 2/3 some unknown criminals who fired indiscriminately upon him. After that the informant alongwith his villagers brought him to Ruban Hospital, Patna, for treatment.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. The petitioner is not named in the F.I.R. His name has sprung up in the present case on the basis of the confessional statement of the co-accused Ankit Kumar. Other co-accused has already been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 71044 of 2023 under order dated 07.11.2023. Nothing incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has three criminal antecedents and in all the cases he is on bail as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned,

Patna High Court CR. MISC. No.72394 of 2023(2) dt.10-11-2023 3/3 Nawada in connection with Kashichak (Shahpur O.P. ) P.S. Case No. 106 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T