Arun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58423 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -HARINMAR District- MUNGER ======================================================

1. Arun Singh, Son of Yogendra Singh @ Mahatma Ji, Resident of VillageAithsahiya, Police Station- Harinmar, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sanjeev Ranjan For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Harinmar P.S. Case No. 6 of 2017 registered for the offence punishable under Sections 302, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the fardbeyan of the informant is that her husband, Doman Singh, had gone to see his field at about 2 P.M. in the afternoon and when he was returning back, the accused persons surrounded him and he was killed by gunshot firing resulting in his death.

The learned counsel for the petitioner submits that there is no allegation of even last seen as against the petitioner herein and further, there is no material to connect the petitioner with the alleged incident. It is further submitted that the petitioner has a

Patna High Court Cr.Misc. No.58423 of 2017 (4) dt.12-01-2018 2/2 clean antecedent.

Learned A.P.P. for the State has gone through the case diary, which was called by this Court and has submitted that the mother of the deceased has stated in her statement before the police that one Jhoti Singh is the person, who had fired from his gun resulting in gunshot injury to the deceased and his consequent death.

Having regard to the facts and circumstances of the case, more particularly the fact that the petitioner is not found to have inflicted any injury on the person of the deceased, I deem it fit and proper to enlarge the petitioners above named, in the even of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Munger in connection with Harinmar P.S. Case No. 6 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T