Guddu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6802 of 2023 Arising Out of PS. Case No.-491 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Guddu Singh S/O Dronacharya Singh R/V- Udaybhanpur, P.S.- Barahra (Krishnagarh), District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the petitioner along with other co-accused persons came and started abusing the informant and fractured the hand of informant by giving blow with lathi.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.6802 of 2023(2) dt.11-04-2023 2/2 petitioner. He submits that allegation of assault by lathi to the informant is against co-accused Abhiman Singh and the allegation of shot fire against the co-accused Lavkush Singh. He submits that there is land dispute between the informant and co-accused persons and the whole prosecution story as alleged is concocted and fabricated. Petitioner has got one criminal antecedent as mentioned in para-3 of this application. Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barahra (Krishnagarh) P.S. Case No. 491 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T