Anish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32747 of 2025 Arising Out of PS. Case No.-145 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Anish Singh S/O Late Uday Singh Resident of Village- Dangraha, P.S.- Majorganj, Dist- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Majorganj P.S. Case No. 145 of 2024 dated 24.04.2024 registered for the offences punishable under Sections 393, 307 of the I.P.C. and Section 27 of the Arms Act.

3. As per the prosecution case, on 19.04.2024 at about 2.50 P.M., while the informant was going to Riga after exchanging Rs. 1,60,000/- Nepali Currency into Indian Currency to purchase some goods, in the meantime, three unknown miscreants overtook his motorcycle and when the informant did not stop, one of the miscreants fired on the informant, due to which, he sustained a bullet injury in his

Patna High Court CR. MISC. No.32747 of 2025(2) dt.23-07-2025 2/3 stomach. On screaming made by the informant, the miscreants fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. His name has surfaced in the present case during the course of investigation. No looted article has been recovered either from the possession of the petitioner or from his house. The petitioner has not been put on T.I. Parade up till now. The occurrence took place on 19.04.2024 but the FIR was lodged on 24.04.2024 i.e. the delay of five days and there is no explanation for this delay. It is further submitted that during the course of investigation, not a single witness has claimed to see the petitioner in the alleged offence but the police after investigation submitted charge sheet against the petitioner.

It is further submitted that the other coaccused person, namely, Vivek Kumar @ Pintu, has already been granted regular bail by this Court vide Cr. Misc. No. 87955 of 2024 under order dated 23.04.2025. The petitioner has three criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 27.08.2024.

5. Learned A.P.P. for the State has vehemently

Patna High Court CR. MISC. No.32747 of 2025(2) dt.23-07-2025 3/3 opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Sitamarhi in connection with Majorganj P.S. Case No. 145 of 2024 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T