Abhishek Kumar @ Nagra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80399 of 2019 Arising Out of PS. Case No.-374 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Abhishek Kumar @ Nagra, Son of Shankar Singh, Resident of Village - Bhairbar, P.S. - Begusarai Muffasil, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Pushpendra Singh, Advocate For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Begusarai Muffasil (Lakho) P.S. Case No.374 of 2019, registered for the offence punishable under Sections 324, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioner is to have fired gut-shot on the informant, which caused injury on his right arm and waist, however, counsel for the petitioner submits that there is delay of two days in lodging the FIR and, at the same time, when a person is on motorcycle in the night, it is very difficult to identify as to who has fired upon him.
Patna High Court CR. MISC. No.80399 of 2019(4) dt.29-01-2021 2/2 Looking to the entire facts and circumstances of the case, let the petitioner, above-named, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil (Lakho) P.S. Case No.
374 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that if the petitioner, after his release in this case, is again found involved in similar nature of cases then the concerned court would be at liberty to take steps for cancellation of his bail bonds. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.
(Shivaji Pandey, J) V.K.Pandey/- U T