Alagu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13279 of 2021 Arising Out of PS. Case No.-98 Year-2020 Thana- BAGENGOLA District- Buxar ====================================================== 1.

Alagu Singh Son Of Late Ganga Singh Resident Of Village - Dharauli, P.S.- Bagen Gola, Dist.- Buxar.

2.

Dhanjee Singh Son Of Sri Alagu Singh Resident Of Village - Dharauli, P.S.- Bagen Gola, Dist.- Buxar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Mr. Saheen Begum For the Informant :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State and learned counsel for the informant through virtual court proceeding.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners seek bail in connection with Bagen Gola P.S. Case No. 98 of 2020 registered for the offence punishable under Sections 147, 148, 149, 341, 447, 504, 506, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.13279 of 2021(2) dt.07-07-2021 2/3 Allegation against the petitioners is that petitioners with the help of other co-accused armed with guns and ammunations assaulted the father of the informant as a result of which he died. They also assaulted the family members of the informant while he tried to save his father.

It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that from perusal of the FIR itself manifest that there is an admitted land dispute between the family of the informant and coaccused namely Umesh Singh, who is Gotiya of these petitioners. He submits that there is specific allegation of firing on co-accused persons namely Shailesh Kumar Singh and Umesh Singh, who fired upon the deceased as result of which he died. He further submits that similary situated co-accused has been granted bail by a co-ordinate bench of this Court. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The petitioners have no criminal antecedent and have been languishing in custody since 19.09.2020.

Learned APP for the State and learned counsel for the informant vehemently opposed the bail petition.

Patna High Court CR. MISC. No.13279 of 2021(2) dt.07-07-2021 3/3 Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bagen Gola P.S. Case No. 98 of 2020.

(Anjani Kumar Sharan, J) GAURAV S./- U T