Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9466 of 2020 Arising Out of PS. Case No.-368 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Santosh Kumar Singh age - 39 (Male) S/O- Kashi Nath Singh, Resident of Village - Bhaluhi, P.S.- Mohania, District - Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Narendra Kumar For the Opposite Party/s :

Mr. Pawan Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2020 Heard Mr. Narendra Kumar, learned counsel for the petitioner and Mr. Pawan Kumar Singh, learned counsel appearing for the informant.

The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 368 of 2019 registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act.

The allegation against the petitioner is that the petitioner fired upon the informant, which did not hit the informant. Learned counsel for the petitioner submits that both the parties are co-villagers and neighbours. Learned counsel further submits that there is land dispute between them and from perusal of the First Information Report it would be evident that firing allegedly made by the petitioner, did not hit the informant and others.

On the other hand, learned counsel appearing for the

Patna High Court CR. MISC. No.9466 of 2020(2) dt.03-03-2020 2/2 informant vehemently opposes the prayer for anticipatory bail and submits that it was a chance that the firing made by the petitioner did not hit the informant and others and the petitioner does not deserve the privilege of anticipatory bail. Having heard learned counsel for the parties and taking into consideration the fact that both the parties are neighbours, there appears to be land dispute between them and the firing made by the petitioner did not hit anybody, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from the date of receipt of a copy of this order, 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 Chief Judicial Magistrate ( Kaimur at Bhabua) in connection with Mohania P.S. Case No. 368 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.

(Anil Kumar Sinha, J) praful/- U T