Satendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16124 of 2023 Arising Out of PS. Case No.-143 Year-2021 Thana- TARARI District- Bhojpur ====================================================== 1.
SATENDRA SINGH SON OF LATE GHURA SINGH R/O VILL.- SARA, P.S.- TARARI, DISTT.- BHOJPUR 2.
JITENDRA SINGH SON OF LATE GHURA SINGH R/O VILL.- SARA, P.S.- TARARI, DISTT.- BHOJPUR 3.
HARENDRA SINGH SON OF LATE MAHENDRA SINGH R/O VILL.- SARA, P.S.- TARARI, DISTT.- BHOJPUR 4.
SURAJ SINGH SON OF SATENDRA SINGH R/O VILL.- SARA, P.S.- TARARI, DISTT.- BHOJPUR 5.
NITESH SINGH @ NILESH SINGH SON OF HARENDRA SINGH R/O VILL.- SARA, P.S.- TARARI, DISTT.- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh, Advcoate For the State :
Mr.Bharat Bhushan, APP For the Informant :
Mr. Ravi Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioners, learned counsel for the informant and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Tarari P.S. Case No. 143 of 2021 registered for the offences punishable under Sections 341, 323, 379, 307, 354, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.16124 of 2023(2) dt.24-05-2023 2/3 The allegation is regarding the petitioners and other accused persons having fired upon the informant by means of pistol, however, the same had not hit the informant.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted, by referring to the impugned order dated 11.01.2023 that similarly situated coaccused persons have already been granted bail by a coordinate Bench of this court vide order dated 04.08.2022 passed in Criminal Miscellaneous No. 640 of 2022.
Per contra, the learned A.P.P. for the State as also the learned counsel for the informant have vehemently opposed the prayer for grant of anticipatory bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the
Patna High Court CR. MISC. No.16124 of 2023(2) dt.24-05-2023 3/3 parties and taking into account the materials available on record as also considering the fact that the informant has not received any gun shot injury, I deem it fit and proper to admit the petitioners herein to the privilege of anticipatory bail.
Accordingly, the petitioners, above named, are directed to be released on anticipatory bail in the event of their arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Tarari P.S. Case No. 143 of 2021 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) S.Sb/- U T