Patna High CourtCR. MISC./76790/2023bail granted

Mithun Kumar v. The State Of Bihar

2023-12-21Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76790 of 2023 Arising Out of PS. Case No.-92 Year-2023 Thana- SALIMPUR District- Patna ====================================================== Mithun Kumar Son Of Prabhat Singh Resident Of Village- Manjhauli Bigha, Ps- Salimpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2023 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 connection with Salimpur P.S. Case No. 92/2023 dated 26.04.2023 registered for the offences punishable under Sections 341, 323, 307, 504 and 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the house of the informant and started untying the buffalo from bathan. On

Patna High Court CR. MISC. No.76790 of 2023(2) dt.21-12-2023 2/3 being objected, the petitioner and the co-accused persons started abusing and assaulting. On halla, when the informant reached there, all the accused persons started firing from their guns, due to which son of the informant Ram Pravesh Singh sustained firearm injury on his hand and thigh.

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. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There is a delay in lodging the FIR. The injury is on non-vital part of the body.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Barh, Patna in connection with Salimpur P.S. Case No. 92/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.76790 of 2023(2) dt.21-12-2023 3/3

8. The application stands allowed.

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