Gyanchand Kumar @ Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4800 of 2020 Arising Out of PS. Case No.-63 Year-2019 Thana- PANDARAK District- Patna ====================================================== 1.
Gyanchand Kumar @ Ajay Kumar S/o Nokhu Yadav @ Satyendra Prasad R/o village- Mamarkhabad English, P.S.- Pandarak, District- Patna 2.
Murari Kumar @ Abhishekh Kumar S/o Sanjay Prasad @ Sanjay Mahto R/o village- Mamarkhabad English, P.S.- Pandarak, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tej Narayan Singh For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 It is submitted by learned counsel for the petitioners that petitioner no. 1 Gyanchand Kumar @ Ajay Kumar, hence, his application become infructuous and accordingly, it is disposed of.
Petitioner no. 2 is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 504, 506, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution is that the four accused persons including the petitioner no. 2 came to the door of the brother of the informant, Sulinder Yadav and started abusing. On protest being made, co-accused Rajesh Kumar resorted to fire on the
Patna High Court CR. MISC. No.4800 of 2020(3) dt.29-02-2020 2/2 brother of the information causing injury on the right knee. It is submitted by learned counsel for the petitioner that the accusation of firing is against co-accused Rajesh and a statement has been made in paragraph 3 of the petition that the petitioner no. 2 is not having any criminal antecedent. Learned APP submits that the petitioner is named in the FIR.
Considering the fact that the accusation of firing is only against co-accused Rajesh and statement being made in paragraph 3 of the petition that the petitioner nio. 2 is not having any criminal antecedent, let the above named petitioner no. 2 be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Barh in connection with Pandarak P.S. Case No. 63 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T