Rupesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41865 of 2023 Arising Out of PS. Case No.-130 Year-2022 Thana- ASARGANJ District- Munger ====================================================== RUPESH KUMAR SINGH S/o- BADAL SINGH Village- Raghuchak PsSultanganj Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. The informant alleges that on dispute relating to grazing of field by cattles of Ranjeet and Sanjay, the accused called their villagers, about 28 in number, and assaulted her husband and took him to the village and after some time, she came to know that he was killed by firearms.

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that no doubt that the petitioner is named in the FIR but then there is no specific allegation alleged against him, it is further

Patna High Court CR. MISC. No.41865 of 2023(2) dt.07-08-2023 2/2 submitted that the thrust of the allegation is against Ranjeet and Sanjay and the informant is not an eye-witness to the occurrence and thus the petitioner has been implicated in the present case based on suspicion.

6. Learned counsel for the petitioner reiterates that the petitioner is aged about 36 years and has remained a person with clean antecedent and has no relation with Ranjeet and Sanjay but has been labelled as a criminal after institution of the present FIR that too based on suspicion.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Asarganj P.S. Case No. 130 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T