Manish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38712 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== MANISH SINGH S/o Rajeev Kumar Singh @ Rajiv Kumar Singh Resident of Mohalla- Manpur Gopalganj Road, Baksariya Tola, P.S.- Buniyadganj, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Rakesh Singh, Advocate For the State :

Mrs. Pushpa Sinha 1, APP For the informant :

Mr. Upendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. On behalf of the petitioner, it has been submitted that due to typographical error, one of the antecedents as referred in paragraph 3 of the application in respect of the petitioner has wrongly been mentioned as P.S. case No.86/2018. Same be treated as P.S. case No.86/2015.

The petitioner is apprehending his arrest in connection with Buniyadganj P.S. case No.125/2020 registered under

Patna High Court CR. MISC. No.38712 of 2020(2) dt.20-09-2021 2/3 Sections 307, 341, 323, 504, 147, 148, 149 of the Indian Penal Code.

Allegation is that the informant and one Uttam Kumar were attacked by 10-12 unknown persons. One of them fired upon Uttam Kumar, who sustained gun shot injury. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. As per the prosecution case, 10-12 unknown persons had come and assaulted one Uttam Kumar. The informant is an eye witness. The name of the petitioner has come in course of investigation on the basis of C.C.T.V. report. As per the said report, the main allegation of assault is against the co-accused, namely, Tinku Singh, who is alleged to have fired upon the victim along with other co-accused. So far the petitioner is concerned, he is alleged to be a member of unlawful assembly. There is no injury attributed against him. No specific overt act is alleged against him.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is not named in the F.I.R. His name has come in this case in course of investigation.

Patna High Court CR. MISC. No.38712 of 2020(2) dt.20-09-2021 3/3 Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. VIII, Gaya in connection with Buniyadganj P.S. case No.125/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T