Bipin Singh @ Vipin Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 20887 of 2020 Arising Out of P.S. Case No.-71 Year-2020 Thana-Begusarai Town District-Begusarai ======================================================
1. Bipin Singh @ Vipin Kumar Singh
2. Vijay Singh, both son of Shivdani Singh
3. Rajnish Kumar, son of Bipin Singh @ Vipin Kumar Singh All R/o Vill. Dumari Road, Near Vikash Vidyalaya, Ward No. 17, P.S. Muffasil, Dist. Begusarai.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Shubhesh Pandey For the Opposite Party :
Mr. Ashok Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-07-2020 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Begusarai Town (Ratanpur O.P.) P.S. Case No. 71 of 2020, disclosing offence punishable under Section 307 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.
There are five persons named in the FIR including these petitioners. Allegedly, they and other miscreants started indiscriminate firing on the informant. There is specific allegation against co-accused Rajni Kant Singh, whose bullet is said to have hit the informant in his right leg. It is the submission on behalf of the petitioners that
2/3 there is no specific allegation against them of any assault and the allegations to the extent the petitioners are concerned, are general and omnibus.
On perusal of the FIR, I find substance in submission made on behalf of the petitioners. This application is accordingly allowed.
Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned C.J.M., Begusarai in Begusarai Town (Ratanpur O.P.) P.S. Case No. 71 of 2020, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. It is also indicated that defects, if any, shall be removed within two months from today.
Since there is a lockdown, the Court has considered it
3/3 appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.
(Chakradhari Sharan Singh, J) U Rajesh/-