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Patna High CourtCR. MISC./37516/2023bail granted

Sohan Singh v. The State Of Bihar

2023-07-21Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37516 of 2023 Arising Out of PS. Case No.-110 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ======================================================

1. SOHAN SINGH SON OF NANKU SINGH @ AWADHESH SINGH RESIDENT OF VILLAGE HARIO PS MAGADH MEDICAL DIST GAYA

2. UJJWAL SINGH @ BABAM SINGH @ UJJWAL KUMAR, SON OF DUKHAN SINGH @ DUDHESHWAR SINGH, RESIDENT OF VILLAGE HARIO PS MAGADH MEDICAL DIST GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-07-2023 1.

Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Magadh Medical PS case no. 110 of 2023, registered for the offences punishable under Sections 307, 353 and other allied sections of the Indian Penal Code. 3.

The allegation is regarding the accused persons including the petitioners herein having had a quarrel with another group of persons, whereupon they had engaged in indiscriminate firing, however, in the meantime, police personnel had arrived and pacified the matter. 4.

The learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.37516 of 2023(2) dt.21-07-2023 2/3 the petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that neither the petitioners have been alleged to have engaged in any sort of specific over act of firing gun shots nor anybody has been injured in the said occurrence and moreover, the present case arises out of case and counter case.

5.

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

6.

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 fact that the present cases arises out of case and counter case, a general and omnibus allegation has been levelled against the petitioners and none has been injured in the alleged occurrence, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. 7.

Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand)

Patna High Court CR. MISC. No.37516 of 2023(2) dt.21-07-2023 3/3 each with two sureties of the like amount each to the satisfaction of learned court of J.M. 1st class, Gaya in connection with Magadh Medical PS case no. 110 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

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