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2023 Supreme(Online)(Pat) 5476
PATNA HIGH COURT
Mr. Justice Arvind Srivastava
AMBRISH KUMAR – Appellant
Versus
The State – Respondent
CR. MISC./65457/2022
In the absence of any specific overt act alleged against the accused and considering the fact that there was a case and counter case between both sides, the accused is entitled to anticipatory bail.
Headnote:
BAIL - ANTICIPATORY BAIL - SECTION 307 IPC - SECTION 25(1-B)A, 27, 35 OF THE ARMS ACT - NO SPECIFIC OVERT ACT ALLEGED AGAINST THE PETITIONER - BAIL GRANTED
Fact of the Case:
The petitioner apprehended his arrest in connection with a case registered under Section 307 of the Indian Penal Code and other allied sections of the IPC and Section 25(1-b)a, 27, 35 of the Arms Act. The petitioner claimed that he was innocent and had committed no offense, and that there was a case and counter case between both sides with no specific overt act against him.
Finding of the Court:
The court found that there was no specific overt act alleged against the petitioner and that there was a case and counter case between both sides. The court also considered the petitioner's submission that he was innocent and had committed no offense.
Issues: Whether the petitioner should be granted anticipatory bail in the absence of any specific overt act alleged against him.
Ratio Decidendi: The court held that in the absence of any specific overt act alleged against the petitioner and considering the fact that there was a case and counter case between both sides, the petitioner was entitled to anticipatory bail.
Final Decision: The court granted the petitioner anticipatory bail subject to the condition that he furnish bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the concerned court.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65457 of 2022
Arising Out of PS. Case No.-459 Year-2021 Thana- SAHPUR District- Patna
======================================================
AMBRISH KUMAR SON OF ONKAR NATH SHARMA R/O VILLAGE-
GANGHARA, P.S.- SHAHPUR, DISTRICT- PATNA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Dr. Anjani Pd. Singh
For the Opposite Party/s :
Mr.Amit Kumar Rakesh
======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
ORAL ORDER
2
11-01-2023
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The petitioner apprehends his arrest in connection
with Shahpur P.S. Case No.459 of 2021 registered under Section
307 of the Indian Penal Code and other allied sections of the
I.P.C. and Section 25(1-b)a, 27, 35 of the Arms Act.
Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. There is a
case and counter case between both sides. No specific overt act
is against the petitioner.
Having considered the above facts and circumstances
of the case and the submissions advanced on behalf of the
parties, let the above named petitioner be released on bail, in the
event of arrest or surrender
before the learned Court below
Patna High Court CR. MISC. No.65457 of 2022(2) dt.11-01-2023
2/2
within a period of four weeks from today, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of A.C.J.M. 1st,
Danapur in connection with Shahpur P.S. Case No.459 of 2021,
subject to the condition as laid down under Section 438(2) of
the Cr.P.C.
Harish/-
(Arvind Srivastava, J)
U
T
