Laxmi Kumar @ Laxmi Narayan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74881 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- BARHIYA District- Lakhisarai ====================================================== Laxmi Kumar @ Laxmi Narayan Son of Rajeev Kumar @ Rajeev Singh Resident of oVillage- Barhiya Dani Tola, Ward No. 13, P.S.- Barahiya, District- Lakhisarai (Bihar) ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Om Prakash Maharaj For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-12-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Barahiya P.S. Case No. 78 of 2024 registered under Sections 341, 323, 379, 307, 504, 506, 34 of the I.P.C.
3. As per the first information report the informant's son Kundan Kumar while driving the tractor was intercepted by four accused persons and when resisted by him, then the accused persons snatched his mobile phone and Rs. 10,000/- cash from his pocket and the co-accused Bajrangi Kumar fired at Kundan Kumar due to which he sustained injury on the right hand. Bajrangi Kumar also fired at another son of the informant Chandan Kumar but the bullet missed the target.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.74881 of 2024(3) dt.12-12-2024 2/3 petitioner has not committed any offence in the manner alleged. The petitioner's family is running shop of pure Ghee and the son of the informant Kundan Kumar is having criminal antecedent and prior to the date of occurrence on 22.03.2024 Kundan Kumar along with other accused persons arrived at the shop of the petitioner and threatened him and when protested by his mother, they took away Rs. 8,500/- from the drawer and they also misbehaved with the petitioner's mother for which petitioner's mother lodged a complaint before the Police but Police did not register F.I.R. Learned counsel next submits that specific allegation of firing is upon the co-accused Bajarangi Kumar and no overt act has been alleged against the petitioner. The petitioner is having no criminal antecedent and he is a student pursuing his Bachelor of Arts Course in G.D. College, Begusarai.
5. Regard being had to the submission made by the parties, taking into consideration the fact that the petitioner is having no criminal antecedent, he is a student and the allegation of firing is upon the co-accused Bajarangi Kumar, I am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the
Patna High Court CR. MISC. No.74881 of 2024(3) dt.12-12-2024 3/3 court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S. Case No. 78 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T