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Patna High CourtCR. MISC./39759/2023bail granted

Bigau Singh @ Bigu Prasad Singh v. The State Of Bihar

2023-07-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39759 of 2023 Arising Out of PS. Case No.-94 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Bigau Singh @ Bigu Prasad Singh S/O Nathuni Singh R/O Village- Torna, P.S- Shiw Sagar, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subash Kumar, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Aurangabad Muffasil P.S. Case No. 94 of 2020 dated 28.06.2020, lodged under Sections 341/ 323/ 307/ 379/ 504/ 506 & 34 of the I.P.C. read with Section 27 of the Arms Act.

4. As per the prosecution case, the allegation made in the F.I.R. is that the petitioner has demanded Rs. 1 lac with interest from the informant and upon non-payment, he fired on the informant, due to which, he become unconscious, thereafter he went for treatment and then filed this criminal case.

5. Learned counsel for the petitioner submits that the informant and petitioner are cousin and they are well known to each other. It is true that loan was given by the informant and loan was also continuously demanded by the petitioner, as the

Patna High Court CR. MISC. No.39759 of 2023(2) dt.07-07-2023 2/2 petitioner was in dire need of money.

6. Learned counsel for the petitioner further submits that the present F.I.R. has been filed only with a view that the informant may not return money and with a view to put pressure, this criminal case has been filed. Counsel submits that the antecedent of the petitioner is clean and he is in custody since 13.04.2023. Counsel also submits that the charge-sheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Aurangabad Muffasil P.S. Case No. 94 of 2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T