Shailendra Kumar @ Shailendra Singh @ Shailendar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- KHIRI MORE District- Patna ====================================================== SHAILENDRA KUMAR @ SHAILENDRA SINGH @ SHAILENDAR KUMAR Son of Late Nagendra Singh @ Nagai Singh Resident of VillageNagwan, P.S.- Kinjar (in the F.I.R., it has been wrongly written as Khiri Mor), District- Arwal (in the impugned order, it has been wrongly written as Patna). ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Udbhav, Advocate For the Opposite Party/s :
Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.
Petitioner apprehends his arrest in connection with Khiri Mor P.S. Case No. 24 of 2020 registered for the offences punishable under Sections 341, 323, 307, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution case, on 25.02.2020 at 13:30 hours while the informant was coming out from the post office,
Patna High Court CR. MISC. No.88 of 2021(2) dt.28-10-2021 2/3 co-accused Narendra Singh fired upon her causing injury to her. Petitioner is alleged to have accompanied the co-accused. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that land dispute is going on between the parties. Learned counsel further submits that as per the fardbeyan, no offence under Section 307, 120(B)/34 of the I.P.C. are made out against the present petitioner. Learned counsel further submits that having more or less similar allegation, co-accused Ranjeet Singh has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.10.2020 passed in Cr. Misc. No. 24529 of 2020. The learned Additional Public Prosecutor, however, opposed the prayer of bail.
Considering the aforesaid facts and circumstances as well as submissions of the parties, the petitioner above named, in the event of his arrest/ surrender before the court below within a period of six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur in Khiri Mor P.S. Case No. 24 of 2020, subject to the conditions as
Patna High Court CR. MISC. No.88 of 2021(2) dt.28-10-2021 3/3 laid down under Section 438(2) of the Cr.P.C. (Rajesh Kumar Verma, J) shahzad/- U T