Sagar Singh@ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21180 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- ARA MUFFSIL District- Bhojpur ====================================================== SAGAR SINGH@ CHHOTU SON OF SRI HARE KRISHNA SINGH R/O VILLAGE- MAHULI, P.S.- ARA MUFASSIL, DISTRICT- BHOJPUR, ARA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, A.P.P.
:
Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The informant alleges that accused persons including the petitioner came to the house of the informant and started searching her son but her son was not found, thereafter, they started abusing which was objected by her husband on which Ashish fired causing injury on his chest and he died at the spot. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is young boy aged about 18 years and has been falsely implicated in the
Patna High Court CR. MISC. No.21180 of 2022(4) dt.02-11-2022 2/3 present case, it is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that specific allegation of firing is against Ashish Kumar Singh. Learned counsel next submits that no overt act has been alleged against the petitioner, it is next submitted that petitioner is a young boy aged about 18 years.
Learned counsel further submits that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail then even, if the petitioner had accompanied Ashish to the house of the informant he was not knowing that Ashish would commit such an occurrence, it is further submitted that the informant ornamentally alleges that the petitioner was also carrying a pistol but then there is no allegation that he fired or he used the same, it is next submitted that petitioner is a student and in the event, if he is sent to jail his entire carrier would get jeopardized and chances are bright that he may come in company of hardened criminals. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.21180 of 2022(4) dt.02-11-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara P.S. Case No. 111 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
One of the bailor shall be the father of the petitioner Hare Krishna Singh, further, the petitioner shall produce his educational qualification including documents before the learned Trial Court before his bail bonds are accepted. (Satyavrat Verma, J) GauravSinha/- U T