Bibhash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30186 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== 1.

BIBHASH SINGH son of Patho Singh Village- Pasraha Road No-14, PsPasraha, Dist- Khagaria 2.

Sintu Singh @ Prabhat Kumar son of Patho Singh Village- Pasraha Road No-14, Ps- Pasraha, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 302, 307/34, 120B of the Indian Penal Code and 27(3) of the Arms Act.

3. The petitioners along with other accused persons encircled the husband of the informant (deceased) and assaulted him. In the meantime, Ramchandra Singh fired shot at Vikash Singh, husband of the informant. On sustaining the injuries, Vikash Singh died.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.30186 of 2023(2) dt.14-07-2023 2/2 case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is specific allegation to open fire on the deceased is against Ramchandra Singh and not against the petitioners. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 10.01.2023 passed in Cr. Misc. No. 38864 of 2022. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Pasraha P.S. Case No.162 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T