Patna High Court - Orders
Angesh Kumar vs The State Of Bihar on 14 March, 2023
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71542 of 2022
Arising Out of PS. Case No.-449 Year-2022 Thana- BELAGANJ District- Gaya
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ANGESH KUMAR Son of Rajendra Ram Resident of Village - Salepur,
Akathu, Kanchanpur, P.S. - Belaganj, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv.
: Mr.Rajesh Kumar, Adv.
For the Opposite Party/s : Mr.Harendra Prasad
: Mr. Satya Veer
: Mr. Rajeev Kumar
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
2 14-03-2023Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.
Allegation against the petitioner is to fire upon the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that in the present occurrence nobody has received any injury. He submits that the occurrence took Patna High Court CR. MISC. No.71542 of 2022(2) dt.14-03-2023 2/2 place on 01.05.2022 but the FIR lodged on 26.08.2022. He submits that there is delay of more than three and a half month in filing of the present FIR and there is no any explanation about it which creates serious doubt about the prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Belaganj P.S. Case No.449/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/-
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