Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1753 of 2018 Arising Out of PS. Case No.-600 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Aditya Kumar, son of Arun Singh, resident of Village- Lohiya Nagar, P.S.- Begusarai Town, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sabal Kumar Jha For the Opposite Party/s :

Mr. SMT SANGEETA SHARMA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 307/34 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the written report of Abhinav Raj submitted to the Officer Incharge of Lohiyanagar Police Station, is to the effect that on 14.10.2017 at about 6.15 P.M. the petitioner called the informant on telephone near Indian Public School. When the informant reached there, co-accused Rahul Srivastava who was sitting there from before, resorted to firing at the informant which hit in his arm and thigh of the informant. Co-accused Sonu Singh and two others present there also resorted to firing.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.1753 of 2018(2) dt.12-01-2018 2/2 the accusation of firing is not against the petitioner and maliciously the accusation has been levelled. The telephone call detail has not been verified whether the petitioner called the informant or not. It is further submitted that since the petitioner was working in the municipal elections for the rival candidates of the informant, he has been roped in the present case. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. Considering the fact that the accusation of firing is not against the petitioner, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Town P.S. Case No. 600 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) anil/- U