Varun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41741 of 2021 Arising Out of PS. Case No.-333 Year-2020 Thana- PAHARPUR District- East Champaran ====================================================== VARUN SINGH Son of Abhimanyu Singh Resident of Village - Balua Tola Soharaiya, P.S. - Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Paharpur PS case no. 333 of 2020 instituted for the offences punishable under Sections 354B and other allied sections of Indian Penal Code and 27 of Arms Act. The allegation is regarding the petitioner and other accused persons having assaulted the informant and his family members. As far as the petitioner is concerned, he is stated to have fired gun shots on the stomach of the aunt of the

Patna High Court CR. MISC. No.41741 of 2021(2) dt.04-01-2022 2/3 informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that though the petitioner is an accused in one other case but he is on bail in the said case. The petitioner is stated to be languishing in custody since 15.03.2021. The learned counsel for the petitioner, by referring to paragraph no. 6 of the present petition, has further submitted that present case arises out of case and counter case and in fact, the mother of the petitioner has also lodged one F.I.R. bearing Paharpur PS case no. 334 of 2020, in which the father of the petitioner has also sustained grievous injury. It is also submitted that the present feud has arisen on account of admitted land dispute amongst the parties. Lastly, the learned counsel for the petitioner has submitted that the matter has been compromised in between the parties.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on

Patna High Court CR. MISC. No.41741 of 2021(2) dt.04-01-2022 3/3 record as also considering the fact that the present case arises out of case and counter case and moreover, the father of the petitioner has also been grievously injured, apart from the fact that the petitioner is in custody since 15.03.2021, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Motihari, East Champaran in connection with Paharpur PS case no. 333 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T