Satyendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29114 of 2020 Arising Out of PS. Case No.-85 Year-2019 Thana- NARAINPUR District- Bhojpur ====================================================== 1.

SATYENDRA SINGH, S/o Late Shivdeep Singh @ Shivdeep Rai, Resident of Village and P.S.- Narayanpur, District- Bhojpur. 2.

Vicky Kumar, S/o Satrudhan Singh, Resident of Village and P.S.- Narayanpur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Smt. Anita Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2020 Heard learned counsel for the petitioners and the State through Video Conferencing.

Petitioners apprehend arrest in a case registered for the offence punishable under Sections 302 and 307/34 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, co-accused Vikas Kumar and Hareram Singh caused fire arm injury.

It is submitted on behalf of the petitioners that Petitioner No.1 is simply member of the unlawful assembly and no overt act has been made against this petitioner. So far as, the Petitioner No.2 is concerned, he is only alleged to have instigated the co-accused persons for firing. It is further

Patna High Court CR. MISC. No.29114 of 2020(2) dt.03-12-2020 2/2 submitted that these petitioners have falsely been implicated in this case due to previous enmity between the parties. It is stated in paragraph no.3 of the bail petition that petitioners have got clean antecedent.

Learned counsel for the State, on the other hand, opposes the prayer for bail.

In the facts and circumstances of the case and considering that there is no specific overt act against these petitioners, prayer for bail of the petitioners is allowed. In the event of arrest/surrender, let the petitioners mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I, Bhojpur at Ara in Narayanpur Police Station Case No. 85 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T