Sumit Singh @ Sumit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13901 of 2021 Arising Out of PS. Case No.-170 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== SUMIT SINGH @ SUMIT KUMAR SINGH Son of Sri Rabin Prasad Singh @ Ravindra Prasad Singh Resident of village- Khurhan, P.S. - Alamnagar, District - Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Bihariganj P.S. Case No. 170 of 2020 registered under Sections 307, 504, 506, 34 of the Indian Penal Code and 27 of the Arms Act. Allegedly, while the informant was returning from his office, in the way near the middle school, two lads were found standing. As soon as he reached near them, he was asked to stop the bike and when the bike was not stopped, firing is said to have been made in which, informant's cousin became injured by

Patna High Court CR. MISC. No.13901 of 2021(2) dt.24-02-2022 2/3 the bullet.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. As per the FIR, it is alleged that the petitioner had fired. The injury report shows that penetrated wound was found on the knee and the said injury is said to have been caused by penetrating weapon. The injury report does not support the manner of occurrence. The case has been instituted after two days of the alleged occurrence. The delay in instituting the FIR has not been explained by the prosecution.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 170 of 2020 subject

Patna High Court CR. MISC. No.13901 of 2021(2) dt.24-02-2022 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T