Muzaffarpur v. The State of Bihar
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
- Indian Penal Code, 1860 ss. 34, 307, 342, 504, 506
- Arms Act, 1959 s. 27
- Code of Criminal Procedure, 1973 s. 438(2)
Judgment
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Mazharul Hassan Mr. Arun Kumar Singh 2 07-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 342, 504, 506 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.
As per the prosecution case, when the informant was talking about holi festival in the meantime, all the accused persons including the petitioner having arms came and started abusing. On restrained by the informant, petitioner fired upon him but he could manage to escape. When the nearby people came, accused persons started to flee due to which accused Ankit Kumar made injured.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no person was injured in the present case and Patna High Court CR. MISC. No.36816 of 2023(2) dt.07-08-2023 there is specific allegation against the petitioner to fire upon the informant but there is no injury on any body part of the informant. He submits that there is no any article or cartridges has been recovered from the conscious possession of the petitioner. 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 Sadar P.S. Case No.243 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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