Abhishek Kumar @ Chhotu @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82407 of 2023 Arising Out of PS. Case No.-273 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== ABHISHEK KUMAR @ CHHOTU @ CHHOTU KUMAR son of anil singh @ anil kumar singh R/o village-Mohaddipur, P.S-Baruraj, DistrictMuzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar For the Opposite Party/s :
Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 279, 337, 338, 427, 341, 323, 325, 307, 504, 34 of the Indian Penal Code and 27 of the Arms Act.
3. Allegedly, the petitioner came on a tractor and on the order of co-accused Anil Kumar Singh, the petitioner tried to over run the informant by the tractor, on which the informant ran towards the house of Md. Ishaak but was chased by the petitioner and further the petitioner dashed him on the house of Md. Ishaak due to which the wall of the house fell and the informant got injured.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in
Patna High Court CR. MISC. No.82407 of 2023(2) dt.05-01-2024 2/2 nature. There is no specific overt act against the petitioner. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail y submitting that the informant has sustained grievous injury.
6. Having regard to the facts and circumstances of the case as well as considering the allegation made against the petitioner in the FIR, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Baruraj P.S. Case No.273 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T