Jaglal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18735 of 2021 Arising Out of PS. Case No.-516 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== 1.
JAGLAL SINGH S/o- Late Jogi Singh R/o Vill - Mathura, P.S. - Bidupur, Dist. - Vaishali.
2.
Niraj Kumar @ Niraj Kumar Singh S/O- Vikrant Singh @ Meghan Singh R/o Vill - Mathura, P.S. - Bidupur, Dist. - Vaishali. 3.
Nitish Kumar @ Birju Singh @ Ghichal Singh S/o- Vikrant Singh @ Meghan Singh R/o Vill - Mathura, P.S. - Bidupur, Dist. - Vaishali. 4.
Ajit Kumar @ Ajit kumar Singh S/o Jaglal Singh R/o Vill - Mathura, P.S. - Bidupur, Dist. - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan No.II, Advocate For the Opposite Party/s :
Mrs.Sangeeta Sharma, 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
Patna High Court CR. MISC. No.18735 of 2021(2) dt.14-02-2022 2/3 connection with Bidupur P.S. case No.516/2020 registered under Sections 341, 323, 448, 504, 506/34 of the Indian Penal 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 his protest, co-accused Birju Singh and Visho Singh fired upon the informant with country made pistol, but anyhow he managed to save him.
It has been submitted on behalf of the petitioners that the petitioner Nos.1, 2 and 4 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. Offences are triable by the Magistrate. 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 pandemic. Further this Court can also not lose sight of the fact
Patna High Court CR. MISC. No.18735 of 2021(2) dt.14-02-2022 3/3 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 C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. case No.516/20, 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