Manoranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10171 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- GAURICHAK District- Patna ====================================================== 1.

Manoranjan Singh S/O Late Shivnandan Singh Resident Of Andari, Ps. Gaurichak, Dist. Patna.

2.

Niranjan Singh S/O Late Shivnandan Singh Resident Of Andari, Ps. Gaurichak, Dist. Patna.

3.

Roshan Kumar S/O Manoranjan Singh Resident Of Andari, Ps. Gaurichak, Dist. Patna.

4.

Sushma Devi @ Sushma Kumari W/O Manoranjan Singh Resident Of Andari, Ps. Gaurichak, Dist. Patna.

5.

Niru Devi @NIRO Kumari W/O Niranjan Singh Resident Of Andari, Ps. Gaurichak, Dist. Patna.

6.

Amit Kumar @ Mijhi S/O Binay Kumar Resident Of Andari, Ps. Gaurichak, Dist. Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP For the O.P. NO. 2 :

Mr. Binay Kr. Sinha, Advocate Mr. Ratneshwar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

3. The petitioners are apprehending their arrest in

Patna High Court CR. MISC. No.10171 of 2024(2) dt.11-03-2024 2/3 connection with Gaurichak P.S Case No. 13/2023 dated 06.01.2023 registered for the offences punishable u/ss 147, 341, 427, 506 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioners and the co-accused persons along with 10 unknown persons armed with lethal weapons are alleged to come and fired 20 rounds indiscriminately to terrorize and took out pillars from the field on the exhortation of the petitioner No. 4 Sushma Devi.

5. Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case on account of land dispute. The petitioners have no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no cartridge was found from the place of occurrence. It is further submitted that no one sustained any firearms injury. There is general and omnibus allegation against the petitioners except Sushma Devi, who was an order giver.

6. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the prayer of anticipatory bail of the petitioners.

7. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.10171 of 2024(2) dt.11-03-2024 3/3 of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Gaurichak P.S Case No. 13/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

8. This application stands allowed.

(Chandra Prakash Singh, J) atul/- U T