Pratik And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.70972 of 2018 Arising Out of PS. Case No.-344 Year-2018 Thana- RUPASPUR District- Patna ======================================================
1. Pratik, Son of Prem Kumar Singh, resident of Village- Near Railway Gumti Vikash Vihar Colony Dhanaut, P.S. Rupaspur (Danapur), District- Patna.
2. Chandan Kumar, Son of Ram Naresh Paswan, resident of Village- Kauwaha, P.S.- Harlakhi, District- Madhubani, A/P C/o Binod Singh Ufarpura Road Vikash Vihar Colony, P.S.- Rupaspur (Danapur), District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baban Roy, Advocate Mr. Subhash Patel, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 326, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged by the informant that co-accused Deo fired twice at the informant, causing injury on his wrist and right shoulder of the informant, thereafter, Khusbu and Pratik resorted to fire on the friend of the informant, Abhisek and Vimush. It is alleged that others also fired.
Patna High Court Cr.Misc. No.70972 of 2018(2) dt.18-12-2018 2/3 It is submitted by learned counsel for the petitioners that the petitioners' side have earlier lodged Rupaspur P.S. Case No. 343 of 2018 at 12.00 Noon with accusation under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms and thereafter, the present FIR has been registered at 3.00 P.M. It is further submitted that petitioners' side have also received grievous injury. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the there is no accusation of firing against petitioner no.2, Chandan Kumar, but the specific accusation of firing is there against petitioner no. 1, Pratik. Considering the case lodged by the petitioners' side at earlier point of time and the petitioners' side have received grievous injury, coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur,
Patna High Court Cr.Misc. No.70972 of 2018(2) dt.18-12-2018 3/3 Patna in connection with Rupaspur P.S. Case No. 344 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T