Raj Kumar @ Raja Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25929 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== RAJ KUMAR @ RAJA SINGH S/o Jogi Singh @ Yogendra Prasad Singh Resident of Village- Chak, P.S.- Matihani, District- Begusarai. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No.1 For the Opposite Party/s :
Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour 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 petitioner apprehending his arrest in connection with Nawkothi P.S. Case no. 117 of 2020 instituted for the offence under Sections 353, 506 and 34 of the Indian Penal Code and Sections 25(1-A), 26 and 35 of the Arms Act. As per allegation in the FIR, when the police force received an information that petitioner along with others are not allowing the JE (Electiricty) to carry out routine work, they
Patna High Court CR. MISC. No.25929 of 2021(2) dt.22-01-2022 2/3 reached at the spot and saw that the accused persons are with fire arms. On chase by the police team and local villager, coaccused Kamlesh Singh threw away he rifle towards police and managed to escape. From spot two motorcycles and one bullet of 303 bore and a gun was recovered and accordingly, a seizure list was prepared.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. General and omnibus allegations have been levelled against the petitioner. Specific allegation of creating hindrance is against co-accused Kamlesh Singh and Rama Shankar Singh, who have already been granted bail vide order dated 14.6.2021 passed in Cr. Misc. No. 40171 of 2020 and 12.7.2021 passed in Cr. Misc. No. 38921 of 2020.
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 petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender
Patna High Court CR. MISC. No.25929 of 2021(2) dt.22-01-2022 3/3 in connection with Nawkothi P.S. Case no. 117 of 2020, he 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 Judicial Magistrate 1st Class, Begusarai subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U T