Annu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77662 of 2019 Arising Out of PS. Case No.-145 Year-2019 Thana- SHAHKUND District- Bhagalpur ====================================================== ANNU KUMAR Son of Birendra Singh R/o Village Chandpur, P.S. Shahkund (Sajour), District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anupa Nand Jha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code and 25(1-b)a, 26 and 27 of the Arms Act.

Informant in his written complaint has alleged that on 06.06.2019 at about 8:00 am while he was raising wall then FIR named accused (i) Dashrath Prasad Singh (ii) Awadhesh Kumar, (iii) Jyotish Kumar and (iv) Annu Kumar came and prevented

Patna High Court CR. MISC. No.77662 of 2019(2) dt.28-11-2019 2/3 him from making any construction, however, when he denied then Dashrath Prasad Singh asked his son Awadhesh Kumar and Jyotish Kumar to bring Gun from the house and kill him, thereafter his son Awadhesh Kumar and Jyotish Kumar went to their house and brought 3 Knot Gun and started firing upon him and his family members and in order to save themselves they fled into their house. Further allegation is that the accused broke window pane and threatened that if the case will be instituted they will be killed.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on account of land dispute between the parties. No one suffered any injury. There is case and counter case for the same occurrence being Bhagalpur Sadar P.S. Case No. 146 of 2019 under sections 341, 323, 379, 354A, 504 read with 34 of the Indian Penal Code. Petitioner has got no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of four weeks from today upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is

Patna High Court CR. MISC. No.77662 of 2019(2) dt.28-11-2019 3/3 pending, in connection with Shahkund (Sajour) P.S. Case No. 145 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) ranjan/- U