Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30685 of 2022 Arising Out of PS. Case No.-335 Year-2021 Thana- ATRI District- Gaya ====================================================== BHOLA SINGH Son of Late Sidho Singh Resident of Village - Malti, P.O.- Dariyapur, P.S.- Atri, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr. Adv.

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Fahimuddin, APP For the Informant :

Mr.Alok Kumar Sinha, Sr. Adv.

Mr.Bhola Kumar, Adv.

Mr.Vivek Gaurav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-10-2022 Heard learned senior counsel for the petitioner, learned senior counsel for the informant and learned APP for the State. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302/34 of the IPC and section 27 of the Arms Act.

Allegedly, the FIR named accused persons on the instigation of petitioner are said to have made firing upon the son of informant resulting into his death at the spot. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to political

Patna High Court CR. MISC. No.30685 of 2022(4) dt.18-10-2022 2/2 rivalry. No such occurrence, in the manner as alleged, has ever taken place. He is only the order giver. It is further submitted that the except that there is no specific allegation against the petitioner. The specific allegation of firing is against other accused persons, which fact is clear from para-15 and 16 of the supplementary case diary. Petitioner has three criminal antecedent.

Learned APP for the State as well as learned senior counsel for the informant opposed the prayer for bail but has not denied the fact that petitioner is the order giver. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Atri P.S. Case No.335 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T