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Patna High CourtCR. MISC./28881/2023dismissed

Suman Singh v. The State Of Bihar

2023-07-14Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28881 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== 1.

Suman Singh S/O- Late Kedar Singh R/o Village- Barap Ps- Agiaon DistBhojpur 2.

Ashok Singh @ Bablu singh son of Bhola Singh R/o Village- Barap PsAgiaon Dist- Bhojpur 3.

Kundan Singh son of Suman Singh, R/o Village- Barap Ps- Agiaon DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP For the Informant : Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners, in the present case, are seeking prearrest bail in connection with Agiaon (G) P.S. Case No.06 of 2023 registered for the offences punishable under Sections 341, 307, 504 and 323/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against these petitioners is that they had fired about 10-15 rounds in the air to frighten the informant and his grandson.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.28881 of 2023(2) dt.14-07-2023 2/3 present case is a counter blast of Agiaon P.S. Case No.05 of 2023 dated 16.01.2023 lodged by Ashok Singh (petitioner no.2).

5. Learned counsel for the informant submits that these petitioners have got criminal antecedents which they have concealed not only in the court below but also in this Court by making a declaration in paragraph '3' that they have no criminal antecedents. It is submitted that the petitioner no.1 Suman Singh is having several antecedents and similarly petitioner nos. 2 and 3 are accused in several cases. Some of the copy of the FIRs being Agiaon P.S. Case No.84/2016 and Agiaon P.S. Case No.39 of 2023 have been placed before this Court for perusal.

6. Having regard to the fact that the petitioners have concealed their criminal antecedents, this Court is not inclined to entertain the present application. It is, thus, dismissed as not entertained on account of suppression of material facts relating to the criminal antecedents.

7. Let a show cause notice be issued to the deponent namely Ajeet Kumar Singh, son of Ramlal Singh, resident of village-Chandi, P.S.-Chandi, District-Bhojpur to show cause as to why an appropriate proceeding be not initiated against him for swearing a false affidavit in this Court. Let such show cause be filed within a period of three weeks from today.

Patna High Court CR. MISC. No.28881 of 2023(2) dt.14-07-2023 3/3

8. List this matter for consideration of the show cause of the deponent on 9th August, 2023 at 2.15 P.M. (Rajeev Ranjan Prasad, J) arvind/- U T