Anjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41009 of 2016 Arising Out of PS.Case No. -196 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIFF) =====================================

1. Anjan Singh, Son of late Anil Singh, Resident of VillageKaithir, P.S.- Chandi, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Praveen Prakash, Adv. For the Opposite Party/s : Mr. Bal Mukund Pd. Sinha, APP Mr. Digvijay Kr. Ojha, Adv.

===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-09-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Chandi P.S. Case No. 196 of 2016, disclosing offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. From the First Information Report, it appears that there is allegation against all the three named accused persons of resorting to indiscriminate firing. It also appears that due to some personal animosity, arising

Patna High Court Cr.Misc. No.41009 of 2016 (2) dt.26-09-2016 2/3 out of raising of a boundary around their respective lands and opening windows, the occurrence had taken place. Learned counsel for the petitioner has submitted that though there is allegation of indiscriminate firing, no person received any firearm injury and the allegation that one person received minor injury, caused by firearm, does not appear to be believable. Learned counsel, appearing on behalf of the informant, has, with all vehemence, opposed the prayer for anticipatory bail of the petitioner and has submitted that considering the nature of assault, caused by the accused persons, the petitioner does not deserve the privilege of anticipatory bail.

However, considering the facts and circumstances of the case, genesis of the occurrence and nature of accusation, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Hilsa (Nalanda), in connection with Chandi P.S. Case No. 196 of 2016, subject to the condition laid down under Section 438 (2) of the Code of

Patna High Court Cr.Misc. No.41009 of 2016 (2) dt.26-09-2016 3/3 Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/-c U T