Jaibind Singh @ Bhandal Singh @ Bhandol Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12205 of 2020 Arising Out of PS. Case No.-804 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== JAIBIND SINGH @ BHANDAL SINGH @ BHANDOL SINGH S/o Indradeo Singh Resident of Mohalla- Civil Line, Ward No.09, Sasaram, P.S.- Sasaram (Town), Distt- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh,Adv For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. It is directed that order dated 07.07.2020 shall be read as order no. 2 and order dated 03.09.2020 as order no. 3. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sasaram Town P.S. Case No. 804 of 2019 registered for the offence under sections 307, 341, 323, 304 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, over an altercation between the informant and the accused persons over drainage water, the petitioner is stated to have fired from his revolver which hit the brother of the informant.

Patna High Court CR. MISC. No.12205 of 2020(5) dt.12-10-2020 2/3 It is submitted by learned counsel for the petitioner that the allegations as levelled in the FIR against the petitioner are false and concocted. Admittedly no person was injured in the occurrence. The witnesses who have been examined in course of investigation are only the close relative of the informant. No independent witness has been examined. Coaccused Arvind Kumar Singh has been enlarged on bail vide order dated 11.12.2019 (Annexure-3) passed in Cr. Misc. No. 74297 of 2019.

The application for bail is opposed by learned APP for the State, who submits that there is allegation of firing against the petitioner and the petitioner has criminal antecedent. Having heard learned counsel for the parties and taking into consideration, the facts and circumstances of the case including no person being injured in the occurrence, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Sasaram (Town) P.S. Case no. 804 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.12205 of 2020(5) dt.12-10-2020 3/3 Rohtas at Sasaram subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U