Guddu Singh @ Guddu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21555 of 2024 Arising Out of PS. Case No.-568 Year-2022 Thana- KESARIA District- East Champaran ====================================================== Guddu Singh @ Guddu Kumar Singh SON OF LATE RAJ KISHORE SINGH RESIDENT OF VILLAGE- DARMIYA, PS- KESARIYA, DISTTEAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kesariya Police Station Case No. 568 of 2022, disclosing offences under Sections 307/323/147/148/ 149/504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, as per the First Information Report, on 18.11.2022, while the informant was sitting with another person, in the meanwhile, all the accused persons, including the petitioner, arrived there, surrounded them, abused them and when the informant objected, coaccused Saroj Singh ordered to shoot him and the
Patna High Court CR. MISC. No.21555 of 2024(3) dt.26-07-2024 2/3 petitioner allegedly fired upon him but the bullet did not hit him.
4. Learned Counsel for the petitioner submits submits that the petitioner has falsely been implicated in the present case due to political rivalry arising out of Panchayat election dispute. Co-accused Dhirendra Singh was the candidate in the election of Panchayat Samiti and the informant had secured lesser votes than co-accused Dhirendra Singh. There is a counter case also lodged by co-accused Saroj Singh, bearing Kesariya Police Station Case No. 569 of 2022 against the informant and others. He further submits that co-accused persons have been granted anticipatory bail by this Court, vide order, dated 06.12.2023, passed in Criminal Misc. No. 54582 of 2023.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there appears to be election dispute between the parties, the firing allegedly made by the petitioner did not hit the informant, nobody sustained injury and co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.21555 of 2024(3) dt.26-07-2024 3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released 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, East Champaran, at Motihari, in connection with Kesariya Police Station Case No. 568 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √