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Patna High CourtCR. MISC./39450/2020bail granted

Chhotu Singh @ Prityush Singh v. The State Of Bihar

2021-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39450 of 2020 Arising Out of PS. Case No.-125 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.

CHHOTU SINGH @ PRITYUSH SINGH S/o Rajeev Kumar Singh Resident of Mohalla- Manpur Gopalganj Road, Baksariya Tola, P.S.- Buniyadganj, District- Gaya.

2.

Golu Singh @ Sahil Kumar Singh S/o Anil Singh Resident of MohallaManpur Gopalganj Road, Baksariya Tola, P.S.- Buniyadganj, District- Gaya. 3.

Sonu Singh S/o Anil 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/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Buniyadganj P.S. Case no. 125 of 2020 instituted for the offence under Sections 307, 341, 323, 504, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act. As per allegation in the FIR, petitioners along with other co-accused persons intercepted the bikes of the informant and his friend and started abusing and on protest they fired upon Uttam Kumar, friend of the informant.

Learned counsel appearing on behalf of the petitioners submits that the petitioners have falsely been implicated in the

Patna High Court CR. MISC. No.39450 of 2020(4) dt.02-11-2021 2/2 present case. The main allegation of firing is against Tinku Singh and not against these petitioners. It is further submitted that similarly situated accused persons have already been granted bail by a different co-ordinate Bench of this Court vide order dated 28.04.2021 and 20.09.2021 passed in Cr. Misc. No. 38644 of 2020 and Cr. Misc. No. 38712 of 2020 respectively. Learned A.P.P. has opposed the prayer for bail. Having heard learned counsel for the parties and considering the fact that there is general and omnibus allegation against the petitioners, this Court is inclined to enlarge the petitioners on bail.

The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Buniyadganj P.S. Case No. 125 of 2020, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VIII, Gaya, subject to the conditions as laid down under section 438(2) of the Cr.P.C.