Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77333 of 2023 Arising Out of PS. Case No.-230 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Prince Kumar Son Of Kishor Yadav Resident Of Village- Chapar, Ps- Gopalpur, Dist- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Rajesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Gopalpur (Rangra) P.S. Case No. 230 of 2023 dated 18.05.2023 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and u/s 27 of the Arms Act.

3. As per the prosecution case, when the informant left his house to go to the cattle shed and had reached only 300 meters away from the house then the petitioner and the co-accused persons surrounded the informant and started abusing him. The petitioner fired on the informant which hit his left leg due to which he fell down on the ground. On hearing of fire shot, the informant's uncle and neighbour gathered there then the accused persons fled away from the spot. Thereafter, the informant was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.77333 of 2023(2) dt.09-01-2024 2/2 the petitioner has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner and the petitioner has no concern with the alleged offence. The injury is simple in nature of the injured as stated in para 10 of the bail petition. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, 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, Naugachia, Bhagalpur in connection with Gopalpur (Rangra) P.S. Case No. 230 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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