Sagar Kumar @ Nikky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81134 of 2019 Arising Out of PS. Case No.-279 Year-2019 Thana- DEEPNAGAR District- Nalanda ====================================================== SAGAR KUMAR @ NIKKY Son of Upendra Mali @ Upendra Malakar Resident of Village Devi Sarai, P.S.- Deep Nagar, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 323,341,307 and 504 of the IPC and Sections 25(1-B) a, 26 and 27 of the Arms Act. The prosecution case as per the written report of the informant Krishna Kumar is to the effect that on 19.9.2019 at 10.00 A.M. the petitioner came to the house of the informant and took him to the house of the Ward Member who started abusing him. On protest being made, the informant was assaulted and the petitioner is alleged to have fired upon the informant causing injury on his hand.

It is submitted by learned counsel for the petitioner that in the background of enmity between the parties, the accusation has been levelled. Though five lacerated wounds have been

Patna High Court CR. MISC. No.81134 of 2019(2) dt.11-12-2019 2/2 found but they all are simple caused by hard and blunt substance. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation against the petitioner.

Considering the accusation not being corroborated by the medical opinion, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nalanda in connection with Deep Nagar P.S. Case No. 279 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U