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Patna High CourtCR. MISC./21530/2020bail granted

Vineet Singh @ Vineet Kumar Singh @ Vinit Kumar Singh v. The State Of Bihar

2020-07-24Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21530 of 2020 Arising Out of PS. Case No.-748 Year-2019 Thana- BUXAR TOWN District- Buxar ====================================================== Vineet Singh @ Vineet Kumar Singh @ Vinit Kumar Singh, male, aged about 25 years, son of Vinod Singh Resident of Village-Salo Awanti, Police StationNuaon, District-Kaimur (Bhabhua). ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Nil Kamal, Advocate For the State :

Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-07-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the Stamp Reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately after the lockdown ends, and in any event within one month thereof.

2. The petitioner is in custody since 23.10.2019 in connection with Buxar (Town) P.S. Case No. 748 of 2019 for the alleged offences under Sections 147, 148, 149, 448, 307, 120(B) of the Indian Penal Code and Section 27of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated on the accusation that several persons including the petitioner came armed with rifle, gun etc. and started firing, upon which three persons received gunshot injuries. It is submitted that the FIR has been instituted in the backdrop of land dispute and there is case and counter case between the parties. In the counter case lodged by one Tarababu Singh in Buxar (Town) P.S.

Patna High Court CR. MISC. No.21530 of 2020(2) dt.24-07-2020 2/2 Case No. 747 of 2019 (Annexure-2) it has similarly been alleged that several persons came armed and indulged in firing, thereby injuring persons of the petitioner's side, one of whom namely, Raghwendra Pratap Singh @ Shera Singh died. No specific accusation of firing or causing injury has been made against the petitioner. Similarly situated co-accused Nand Kishore Singh, Tilak Singh, Dhirendra Singh and Pawan Kumar @ Pawan Kumar Singh have been granted bail by this Court in Cr. Misc. No. 7067 of 2020, Cr. Misc. No. 10908 of 2020 and Cr. Misc. No. 5388 of 2020. The petitioner claims clean antecedents except Buxar (Town) P.S. Case No. 745 of 2019, which has also been instituted by the same informant relating to the same occurrence and in respect of which he has been granted bail in Cr. Misc. No. 21194 of 2020.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 23.10.2019, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 748 of 2019, if he is not otherwise required in any other case.

6. Office shall ensure that all defects have been removed and compliance with the notices of this Court has been made, within the stipulated time as provided in para 1 hereinabove.

(Vikash Jain, J) Chandran/- U T