Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70464 of 2022 Arising Out of PS. Case No.-222 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== 1.

Sanjeev Kumar S/o Satrudhan Singh R/o village- Badauni, P.S.- Parwalpur, Distt- Hilsa (Nalanda).

2.

Nishu Kumar S/o Bharat Sharma R/o village- Sonchari, P.S.- Parwalpur, Distt- Hilsa (Nalanda).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Anita Kumari Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Parwalpur P.S. Case No. 222 of 2019 registered for the offences punishable under Sections 147, 148, 149, 188, 323, 307, 353, 504, 506 of the Indian Penal Code and section 27 of the Arms Act .

As per the prosecution case, on 06.09.2019 the informant alleged that when escort party reached near bus stand they saw two parties were abusing and assaulting each other. It is further alleged that both the parties variously armed with fire arms made firing upon each other due to dispute of Bus agency

Patna High Court CR. MISC. No.70464 of 2022(2) dt.21-03-2023 2/3 It is submitted by the learned counsel for the petitioners that they are innocent and have falsely been implicated in this case on the basis of suspicion. There is general and omnibus allegation against all the accused persons and no specific overt act have been attributed against the petitioners. No one sustained injury in the alleged firing. Similarly situated co-accused Sonu Kumar has been granted anticipatory bail by this Court in Cr. Misc. No. 1026 of 2022 vide order dated 21.07.2022.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa ( Nalanda) in Parwalpur P.S. Case No. 222 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J) N.K/- U

Patna High Court CR. MISC. No.70464 of 2022(2) dt.21-03-2023 3/3