Naresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22401 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

Naresh Singh S/O Late Narayan Singh R/O Muhalla-Neerpur,Ward No.4, P.S-Samastipur Mufassil, District-Samastipur. 2.

Mantosh Kumar Singh S/O Naresh Singh R/O Muhalla-Neerpur,Ward No.4, P.S-Samastipur Mufassil, District-Samastipur. 3.

Pinkesh Kumar Singh S/O Naresh Singh R/O Muhalla-Neerpur,Ward No.4, P.S-Samastipur Mufassil, District-Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honor his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Samstipur (Mufassil) P.S. Case no. 89 of 2020 instituted for the offence under Sections 302, 120-B of the Indian Penal Code, Section 27 of the Arms Act.

As per allegation in the FIR, petitioners along with

Patna High Court CR. MISC. No.22401 of 2021(3) dt.28-01-2022 2/3 other accused persons given threatening to the informant's son and after making a conspiracy they called the son of the informant out of the house and shot fire upon him resulting into his death.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. There is no direct or indirect evidence against the petitioners. Except suspicion and threatening, no overt act is against the petitioners. Even there is no evidence of last seen. Petitioners have no criminal antecedent. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Samastipur Mufassil P.S. Case no. 89 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Samastipur subject to the conditions as laid down under section

Patna High Court CR. MISC. No.22401 of 2021(3) dt.28-01-2022 3/3 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U