Panna @ Amarjit Singh @ Panna Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36941 of 2023 Arising Out of PS. Case No.-588 Year-2021 Thana- GAURICHAK District- Patna ====================================================== PANNA @ AMARJIT SINGH @ PANNA LAL SINGH S/O SRI NAWAL KISHOR SINGH R/O Vill. Piyaria, Post, Alawalpur, PS. Gaurichak, Distt. Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Gaurichak P.S. Case No.588 of 2021, registered for offences under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused persons, including the petitioner herein, having fired gunshots on the informant, resulting in him sustaining bullet injuries. The informant is stated to be working as a painter and was living in the godown in question.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely

Patna High Court CR. MISC. No.36941 of 2023(2) dt.21-07-2023 2/3 implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is accused in one another case, but he is on bail in the said case. The learned counsel for the petitioner has also submitted by referring to the injury report prepared by Samford Hospital and Research Centre, Patna that no sign of bullet injury has been found on the person of the informant, hence the petitioner is not having any complicity in the matter. It is next submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.01.2023, passed in Cr.Misc. No.51229 of 2022.

Per contra, the learned APP 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 record as also considering the parity of the case of the petitioner with that of the co-accused persons, who have already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Patna High Court CR. MISC. No.36941 of 2023(2) dt.21-07-2023 3/3 Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City, in connection with Gaurichak P.S. Case No.588 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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