Amrendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27886 of 2020 Arising Out of PS. Case No.-263 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

AMRENDRA KUMAR SINGH Son of Late Triveni Singh Resident of Village- Basanbara, P.S.- Alamnagar, District- Madhepura. 2.

Aditya Kumar Son of Prafull Chandra Singh Resident of Village- Basanbara, P.S.- Alamnagar, District- Madhepura.

... ... Petitioners.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioners :

Mr. Praveen Kumar Agrawal, Advocate.

For the State :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-11-2020 In view of the submission and undertaking of the learned counsel for the petitioners, at the time of hearing of this application, through Video Conferencing, that he would remove the defect(s), as pointed out by the office vide its notes dated 16.10.2020, within two weeks of starting of the Court proceeding in physical mode, he is permitted to remove the same accordingly.

Heard learned counsel for the petitioners and the learned A.P.P. for the State, through Video Conferencing. The petitioners apprehend their arrest in connection with Alamnagar P.S. Case No.263 of 2019 registered under Sections 341, 323, 324, 379, 504 and 506/34 of the Indian Penal Code

Patna High Court CR. MISC. No.27886 of 2020(2) dt.24-11-2020 2/3 besides Section 27 of the Arms Act.

The accusation is that on 13.10.2019 at about 09.00 A.M., the informant Rajeev Kumar Singh went at the house of Bhavesh Singh to take the milk. At that time, both the petitioners, Niranjan Singh and 2-3 unknown having pistol, Danda, rod, knife and chain of the motorcycle came near the informant and started to abuse. At that time, Amrendra Singh (petitioner no.1) caught hold the thread of the locket of the neck of the informant and started to press his neck. At that time, Aditya Kumar (petitioner no.2) started to cause assault to the informant through Danda. When the informant started to flee away, then they also started to cause assault after chasing him. In the way, both the petitioners opened fire at the informant but, luckily, the same did not hit the informant. At that time, they took cash Rs.4000/- and gold locket of the informant.

Learned counsel for the petitioners submits that the petitioners and the informant are co-villagers and due to dirty village politics, the petitioners and others have falsely been implicated in this case. Moreover, it would appear from the F.I.R. that, initially, the petitioners did not fire at the informant but when the informant started to flee away, they fired at him but the same did not hit the informant.

Patna High Court CR. MISC. No.27886 of 2020(2) dt.24-11-2020 3/3 criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Alamnagar P.S. Case No.263 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T