Rabindra Singh @ Ravindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75121 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Rabindra Singh @ Ravindra Singh, Son of Late Shivdutt Singh, Resident of Village- Barka Baiju Tola (Nayka Baiju Tola), P.S.- Rivilganj, District- Saran at Chapra.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case is that on 25.02.2018 at about 9.40 A.M., the petitioner along with other accused persons came variously armed and assaulted the informant. It is further alleged that on the order of co-accused Bikash Singh, Rabindra Singh (petitioner) resorted to fire with country made pistol. It is further alleged that the petitioner resorted to fire on Bir Bhadur Singh, as a result, he fell down.

Patna High Court Cr.Misc. No.75121 of 2018(2) dt.15-01-2019 2/3 It is submitted by learned counsel for the petitioner that there is allegation against the co-accused persons who assaulted with lathi and danda and thereafter the petitioner resorted to fire. It is further alleged that there is a counter version of the occurrence being Rivilganj P.S. Case No. 53 of 2018 for the offences punishable under Sections 341, 323, 324, 307, 504 and 147 of the IPC and Section 27 of the Arms Act, lodged by the son of the petitioner against he informant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that there is specific accusation that initially the accused persons assaulted the informant with lathi and danda and thereafter the petitioner resorted to fire, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VIII,

Patna High Court Cr.Misc. No.75121 of 2018(2) dt.15-01-2019 3/3 Saran at Chapra in connection with Rivilganj P.S. Case No.52 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T