Amarjeet @ Dablu Singh @ Amarjit Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30476 of 2021 Arising Out of PS. Case No.-74 Year-2020 Thana- TARAPUR District- Munger ====================================================== AMARJEET @ DABLU SINGH @ AMARJIT KUMAR SINGH S/OPrakash Singh R/o Village - Parwara, P.S. - Tarapur, District- Munger. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Narayan Sinha, Advocate Ms. Sikha Roy, Advocate Mr. Ujjawal Kumar Singh, Advocate For the State :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Tarapur P.S. Case No. 74 of 2020 registered for the offences punishable under Sections 147, 148, 149, 269, 270, 341, 323, 324, 307, 302, 504, 506 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
The allegation, as per the First Information Report, is that the co-villager of the informant Rahul Kumar was rashly driving the Motorcycle which was objected by his nephew Dipak Yadav, upon which, the altercation between two sides took place and there was a free fight between two sides of the villagers, in which, FIR named accused persons, 27 in numbers, along with 20-25 unknown persons started abusing, pelting
Patna High Court CR. MISC. No.30476 of 2021(4) dt.03-03-2022 2/3 stones and assaulting the informant, on account of which, the informant's side received injuries. It has further been alleged that co-accused Santosh Singh fired upon Fucho Yadav, due to which, he died, and the petitioner has allegedly fired upon Pankaj Yadav due to which he sustained bullet injuries in his stomach.
Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and altogether 27 persons along with 20-25 unknown persons have been made accused in the First Information Report. Learned counsel further submits that there was free fight between two sides of the villagers, for which, counter case bearing Tarapur P.S. Case No. 75 of 2020 was also lodged by the present petitioner, and since the petitioner is an informant in the counter case, bearing Tarapur P.S. Case No. 75 of 2020, he has been made accused as an assailant in the present First Information Report. He next submits that from the side of the petitioner, the petitioner also sustained injuries along with 3-4 persons.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are co-villagers, there is case and counter case between them, the petitioner has got no criminal
Patna High Court CR. MISC. No.30476 of 2021(4) dt.03-03-2022 3/3 antecedent and is in custody since 24.5.2020, charge sheet has already been submitted and the trial is not likely to be concluded in near future, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Munger, in connection with Tarapur P.S. Case No. 74 of 2020.
(Anil Kumar Sinha, J) S.Ali/- U T