Patna High CourtCR. MISC./30522/2023bail granted

Tuntun Singh @ Tuntun Kumar v. The State Of Bihar

2023-07-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30522 of 2023 Arising Out of PS. Case No.-15 Year-2017 Thana- KHUSRUPUR District- Patna ====================================================== Tuntun Singh @ Tuntun Kumar Son Of Vashudev Singh Resident Of VillageNuruddinpur, Ps- Khusrupur, Distt- Patna ... Petitioner

Versus

The State of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Shivnandan Bharti, Advocate For the State :

Mr.Arun Kr Pandey, Addl Public Prosecutor for the informant Mr. A. Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 147/148/149/307 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, while the informant and his family was sitting in the house of his uncle, all the FIR named accused persons including the petitioners armed with gun, country made pistols, rifle came there and abused the informant and made indiscriminate firing. Petitioner caused fire arms injury to one Viresh Kumar on his left arm.

4. Learned counsel appearing for the petitioner submits that the petitioner was not present on the spot rather he was admitted in Sai Hospital, Patna City. Due to previous enmity, whole family of the petitioner has falsely been implicated in this case. Police after investigation submitted final

Patna High Court CR. MISC. No.30522 of 2023(2) dt.18-07-2023 2/2 form against the petitioner but the Court below differing with the same took cognizance of the offence. Petitioner claims clean antecedent.

5. Learned counsel for the State as well as the informant oppose the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Patna City in Khusrupur Police Station Case No. 15 of 2017, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T