Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82717 of 2024 Arising Out of PS. Case No.-625 Year-2024 Thana- FATUA District- Patna ====================================================== Ravi Shankar Kumar S/O Amirak Prasad R/O Kisamitiya, P.S- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mickey Singh For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Fatuha P.S. Case No. 625 of 2024 registered under Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, Section 27 of the Arms Act and Section 37(2) of the Bihar Prohibition and Excise Amendment Act.

3. As per the first information report on 08.09.2024 in the night at about 9:30 P.M. the co-accused Sunil Kumar along with the petitioner and seven unknown persons arrived near a community hall and fired 2-4 rounds, however, the informant somehow escaped the bullet and they informed the Fatuha Police Station. The Fatuha Police arrived there, took the co-accused Sunil Kumar to the Police Station and found him in drunken condition after breath analyzer test.

Patna High Court CR. MISC. No.82717 of 2024(2) dt.17-12-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to civil dispute. The petitioner is the next door neighbour and agnate ("gotiya") of the informant and the present case has been lodged in order to put pressure upon the petitioner. No body has sustained any fire arm injury due to the alleged firing done by the petitioner and others.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is the next door neighbour of the informant having civil dispute with him, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise, Patna City in connection with Fatuha P.S. Case No. 625 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T