Abhishek Kumar @ Abhishek Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73972 of 2023 Arising Out of PS. Case No.-548 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Abhishek Kumar @ Abhishek Yadav S/O- Vijay Yadav R/O- VillageSalempur, P.S.- Muffasil, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Soni Kumari, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-12-2023 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 a case in connection with Gaya Muffasil P.S. Case No. 548 of 2023 dated 18.05.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 427 and 504 read with section 34 of the Indian Penal Code and 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons along with 4-5 unknown miscreants armed with Deshi Katta came and fired on the birthday party due to

Patna High Court CR. MISC. No.73972 of 2023(2) dt.06-12-2023 2/3 that one Bittu Kumar, Ritu Devi and some other villagers sustained injuries. Thereafter, the informant and other family members rushed inside the house then all the accused persons destroyed the food items, utensils etc.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that a joint compromise petition has already been filed before the learned court below. Learned counsel has further submitted that the injuries are simple in nature whereas one Ritu Gupta has sustained grievous injury. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in

Patna High Court CR. MISC. No.73972 of 2023(2) dt.06-12-2023 3/3 connection with Gaya Muffasil P.S. Case No. 548 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T