Bittu Singh @ Aniket Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13696 of 2020 Arising Out of PS. Case No.-290 Year-2019 Thana- KHAJANCHI HAT District- Purnia ====================================================== 1.

BITTU SINGH @ ANIKET SINGH S/o Late Pankaj Singh Resident of Village- Sarsi, P.S.- Sarsi, Distt- Purnea.

2.

Puspesh Singh @ Purpesh Singh @ Binni Singh S/o Late Pankaj Singh Resident of Village- Sarsi, P.S.- Sarsi, Distt- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pathak For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-08-2020 Due to 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.

The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 341, 323, 307, 386, 379, 427, 504, 506 of the Indian Penal Code and 25(1-b)a, 26, 27, 35 of the Arms Act.

Allegation is that the accused persons assaulted the informant and took away cash Rs.1 lac, golden chain, two

Patna High Court CR. MISC. No.13696 of 2020(3) dt.27-08-2020 2/3 golden rings. Petitioner Bittu Singh fired on the bhagina of the informant which did not hit him.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. Free fight is alleged to have taken place. None is said to have been injured in the present case. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the aforesaid facts and circumstances of the case and also the lockdown, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of C.J.M.

, Purnea in connection with K. Hat (Sahayak) P.S. case No.290 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.

Patna High Court CR. MISC. No.13696 of 2020(3) dt.27-08-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T