Upendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34819 of 2023 Arising Out of PS. Case No.-83 Year-2022 Thana- NARAINPUR District- Bhojpur ====================================================== 1.

Upendra Singh S/O- Suresh Singh Village- Maranpur Ps- Narayanpur DistBhojpur 2.

Arvind Singh S/O- Harendra Singh Village- Maranpur Ps- Narayanpur DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 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 447, 504, 506, 147, 148, 149 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons including these petitioners and 10-15 unknown persons came at the house of the informant and made indiscriminate firing.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no

Patna High Court CR. MISC. No.34819 of 2023(2) dt.25-07-2023 2/2 specific overt act against the petitioner. There is specific allegation of firing against Abhishek Upadhyay and Kameshwar Singh. Co-accused Abhishek Upadhyay has been enlarged on bail by a co-ordinate bench of this court vide order dated 28.06.2023 passed in Cr. Misc. No. 7149 of 2023. 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 and there is no specific overt act against the petitioners, 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 Narayanpur P.S. Case No.83 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T