Rudra Pratap @ Rudra Pratap Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38553 of 2021 Arising Out of PS. Case No.-557 Year-2019 Thana- AMARPUR District- Banka ====================================================== 1.

RUDRA PRATAP @ RUDRA PRATAP SINGH S/O Shri Nath Singh Resident of - Paina, P.O.- Paina, P.S. and District - Deoria (U.P.), at present - officials of Mahadev Enclave, Lal kothi, Banka, P.S. - Banka, District - Banka.

2.

Puran @ Purn Singh S/O Chhailu Singh Resident of Ward No. 11, Village - 9 BLM, Tahsil- Vijay Nagar, Ganga Nagar (Rajasthan) at present - Staff of Mahadev Enclave, Lal kothi, Banka, P.S. - Banka, District - Banka. 3.

Amar Singh S/o Hari Singh Resident of- Nagar Panchayat- Ganga Nagar (Rajasthan), at present - officials of Mahadev Enclave, Lal kothi, Banka, P.S. - Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2022 Heard leaned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. It is a case of commission of the murder by the petitioners along with other accused persons. It is further alleged that in respect of this occurrence, earlier Amarpur P.S. Case No.538 of 2019 registered, in which the deceased was disclosed as an accused and FIR was lodged by the Mining Officer. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.38553 of 2021(3) dt.02-03-2022 2/2 further submits that the wife of the deceased has also lodged second FIR in respect of commission of murder of her husband and after completing the investigation, final form has been submitted by the police. Vide para-152 of the case diary which shows that the informant stated that mistakenly the case has been lodged by her against the accused persons along with this petitioner. He further submits that she has shown no any complicity in respect of this petitioner as accused in this case. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, let the petitioners, above named in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Amarpur P.S. Case No. 557 of 2019 (G.R. No.3133 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T