Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87340 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- JANDAHA District- Vaishali ====================================================== Ashutosh Kumar S/O Lt. Rakesh Kumar Singh Resident of Village - Mathurapur, P.S- Jandaha, Dist- Vaishali at Hajipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sachin Kumar For the Opposite Party/s :
Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jandaha Police Station Case No. 237 of 2024, disclosing offences under Sections 109, 3(5) of the BNS and Section 27 of the Arms Act.
3. As per the FIR, on 21.07.2024, while the informant was going towards a Global Spirit Co. and no sooner than he arrived at Mushar Tola, the petitioner who was riding motorcycle with unknown person fired upon the informant due to which the bullet hit near the right shoulder. It has also been alleged that earlier also, the petitioner had assaulted and threatened to kill the informant and in order to pressurize him to enter into compromise in Jandaha P.S. Case No. 11 of 2021, the
Patna High Court CR. MISC. No.87340 of 2024(2) dt.20-01-2025 2/3 present offence has been committed.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous dispute between the parties. The petitioner is a covillager of the informant and his uncle had lodged Jandaha P.S. Case No. 12 of 2021 and Jandaha P.S. Case No. 03 of 2021 against the informant and others alleging loot of his shop. Referring to the injury report, learned counsel submits that the injury caused to the informant is simple in nature caused by hard and blunt substance and the doctor has not given the opinion that it has caused due to burn and/or firearm injury. The bullet and blood soaked t-shirt was not collected by the police from the place of occurrence but after three days of the occurrence, the same was produced by the informant to the police on 24.07.2024 which would be evident from the seizure list.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is previous enmity between them and the injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.87340 of 2024(2) dt.20-01-2025 3/3
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Vaishali at Hajipur, in connection with Jandaha Police Station Case No. 237 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T