Shivshankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72814 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- DANIYAWAN District- Patna ====================================================== ShivShankar Kumar, Son of Laljee Bind @ Lalji Jamadar, Resident of village- Keshaura, Police Station- Chandi, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-12-2024 Heard Mr. Awadhesh Kumar, learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Daniyawan P.S. Case No. 79 of 2024, registered for the offences punishable under Sections 188, 326, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act and Section 9/11 of the Loud Speaker Act.
3. Allegedly without prior information to Daniyawan police station a dancing and singing program was organized in the marriage ceremony of the petitioner. In course of the marriage ceremony, a celebratory firing also took place, resulting into fire arm injury to one Deepu Kumar, leading to institution of the FIR by the chowkidar of the concerned police station.
Patna High Court CR. MISC. No.72814 of 2024(2) dt.20-12-2024 2/3
4. Learned Advocate appearing on behalf of the petitioner contended that the petitioner is the bridegroom and he has no concern with either of organization of the dancing and singing program or with the celebratory firing. Moreover, there is no allegation that the petitioner was indulged in firing or instigating any person to make the celebratory firing. The injured person has also not named the petitioner. The petitioner bears fair antecedent and he undertakes that he will cooperate in the investigation and the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation that some unknown person has made celebratory firing leading to injury to one Deepu Kumar; moreover, the petitioner bears fair antecedent and save and except the fact that he was bridegroom in the marriage ceremony there is no other materials, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.72814 of 2024(2) dt.20-12-2024 3/3 the learned Judicial Magistrate 1st Class, Patna City in connection with Daniyawan P.S. Case No. 79 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) supratim/- U T