Shamsher Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44833 of 2024 Arising Out of PS. Case No.-515 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Shamsher Singh S/o Late Indrajeet Singh R/o vill - Tudiganj, P.S. - Krishnabrahm, Distt. - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of regular bail, arises out of Brahmpur (Krishnabrahm O.P.) Police Station Case No. 515 of 2023, dated 19.08.2023, disclosing offences under Sections 147/148/149/341/323/504 of the Indian Penal Code and Section 27 Arms Act.

3. The prosecution case, as per the First Information Report, is that on 19.08.2023, in the evening, while the informant, along with her husband, was going to her maike and no sooner she reached at Tudiganj More near a temple, than 6 to 7 miscreants started to pass filthy words against her and when her husband opposed, the accused persons assaulted her husband brutally and snatched golden chain

Patna High Court CR. MISC. No.44833 of 2024(2) dt.02-08-2024 2/3 and mobile of her husband. Upon alarm being raised, the villagers gathered there. The accused persons resorted to firing. Empty cartridges, country made rifle, Apache motorcycle etc. were seized by the police.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics. He next submits that the police, after investigation, has submitted charge sheet against the petitioner under bailable sections except Section 27 of the Arms Act and has not found true the Sections 354(B)/379/307 of the Indian Penal Code against him. The petitioner is in custody since 08.04.2024.

5. Regards being had to the submissions made by the parties and taking into consideration that the fact that the police has submitted charge sheet against the petitioner under bailable sections except Section 27 and of the Arms Act and the petitioner is in custody since 08.04.2024, I am inclined to grant regular bail to the petitioner.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of

Patna High Court CR. MISC. No.44833 of 2024(2) dt.02-08-2024 3/3 learned Chief Judicial Magistrate, Buxar, in connection with Brahmpur (Krishnabrahm O.P.) Police Station Case No. 515 of 2023.

(Anil Kumar Sinha, J) ashwani/- U T