Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74978 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- FATUA District- Patna ====================================================== 1.

DHANANJAY KUMAR SON OF LAKHAN SINGH RESIDENT OF VILLAGE- JAGGUBIGHA, P.S.- FATUHA, DISTRICT- PATNA 2.

PRAMOD KUMAR SON OF LATE BIJU SINGH RESIDENT OF VILLAGE- JAGGUBIGHA, P.S.- FATUHA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv Mr. Vijay Anand, Adv For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 302, 147, 148, 149 of the Indian Penal Code and 27 of Arms Act.

3. Allegedly, the petitioners surrounded the house of the informant and fired with weapons. It is alleged that co-accused Kunday Kumar shot the wife of the informant on her head due to which she died.

4. It is submitted by learned Senior Counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners.

Patna High Court CR. MISC. No.74978 of 2023(2) dt.04-12-2023 2/2 He further submits that the specific allegation is against the coaccused Kundan Kumar. He further submits that similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court (Annexure-3). Petitioners have no criminal antecedent.

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

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioners, 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 court below where the case is pending/Successor Court in connection with Fatuha P.S. Case No.177 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T