Rajiv Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17150 of 2021 Arising Out of PS. Case No.-516 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.
RAJIV KUMAR SINGH Son of Raj Kut Singh @ Raj Kumar Singh Resident of Village- Mathura, P.S.- Bidupur, District- Vaishali. 2.
Ranjeet Kumar Singh Son of Raj Kut Singh @ Raj Kumar Singh Resident of Village- Mathura, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Usha Kumari Singh, Advocate For the Opposite Party/s :
Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioners are apprehending their arrest in connection with Bidupur P.S. case No.516/2020 registered under Sections 341, 323, 448, 504, 506 and 34 of the Indian Penal
Patna High Court CR. MISC. No.17150 of 2021(2) dt.14-02-2022 2/3 Code and Section 27 of the Arms Act.
Allegation is that the accused persons including the petitioners entered into the house of the informant and started to abuse him. On protest, co-accused Birju Singh and Visho Singh fired upon the informant with country made pistol with intention to kill him, but anyhow the informant managed to save him. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. Specific allegation of firing is alleged against the co-accused Birju Singh and Visho Singh. The case has been instituted after two days of the alleged occurrence. Delay has not been explained by the prosecution.
On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19
Patna High Court CR. MISC. No.17150 of 2021(2) dt.14-02-2022 3/3 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the petitioners, 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 their personal bond to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. case No.516/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T