Aman Rai @ Gautam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74653 of 2023 Arising Out of PS. Case No.-362 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Aman Rai @ Gautam Rai Son Of Umesh Rai @ Umesh Chander Rai Resident Of Village - Jalahara, P.S. - Rajpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tushar Vaibhav, Advocate For the State :

Mr. Anish Chandra, APP For the Informant :

Mr. Ravindra Kumar Tiwari, Advocate :

Mr. Dinkar Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioner that he fired upon the informant and other persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no person was injured in this case. He submits that there is no specific overt act against the petitioner to assault the informant and others. He further submits that there is no recovery from the conscious possession of the

Patna High Court CR. MISC. No.74653 of 2023(2) dt.04-12-2023 2/2 petitioner. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State along with learned counsel for the informant opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that no person was injured in this case, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Buxar (M) P.S. Case No. 362 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T