Jagdeo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32795 of 2025 Arising Out of PS. Case No.-356 Year-2019 Thana- GOGRI District- Khagaria ====================================================== Jagdeo Singh Son of Baiju Singh, R/o Village- Imadpur, Bind Toli, P.S. -Gogari, Distt.- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Gogari P.S. Case No. 356 of 2019, dated 18.10.2019, registered for the offences punishable under Sections 25(1-B)a, 27 and 37 of the Arms Act.

3. As per allegation, the petitioner and the coaccused, Dina Singh came to the house of the informant and started firing at the him. The co-villagers came there and gave courage to the informant. Second time there was misfiring. Thereafter, he snatched three nut three, some live cartridges and one empty cartridge from the accused persons and the same was handed over to the Police.

Patna High Court CR. MISC. No.32795 of 2025(3) dt.03-09-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that there is no truth in the allegation and they have not been arrested from the spot and even as per the allegation, there is no injury caused to the informant and the whole case is false and fabricated because the petitioner and informant's side are next door neighbours and there is also previous enmity between them.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved before this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned A.P.P. for the State vehemently opposes the prayer of the petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the Court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.32795 of 2025(3) dt.03-09-2025 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Gogari P.S. Case No. 356 of 2019, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the Court below that the petitioner has any criminal antecedents, learned Court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, learned Court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Shahnawaz/- U T