Rinku Singh @ Ashutosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44016 of 2022 Arising Out of PS. Case No.-109 Year-2019 Thana- AMARPUR District- Banka ====================================================== RINKU SINGH @ ASHUTOSH KUMAR SINGH SON OF DHARMENDRA SINGH R/O VILLAGE- MANJHGOWN, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 109 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337 338, and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding the accused persons including the petitioner herein and some unknown persons having surrounded the informant when he was engaged in loading of goods on his truck by a JCB, whereafter they had fired gunshots

Patna High Court CR. MISC. No.44016 of 2022(2) dt.23-01-2023 2/3 on the informant, however, he escaped being hurt. It is also alleged that while he was fleeing away, the accused persons had started pelting stones, resulting in him sustaining grievous injuries. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 06.06.2022. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled and as far as the allegation of firing gunshots is concerned, the same has not resulted in any fire arm injury upon the informant although, he is stated to have received some other injuries which are on his non-vital parts, one of them being grievous in nature, but the same cannot by any stretch of imagination be said to be attributable to the petitioner herein.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and

Patna High Court CR. MISC. No.44016 of 2022(2) dt.23-01-2023 3/3 circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that though the accused persons are alleged to have fired gunshots but no gunshot injury has been sustained by the informant and the present case has arisen out of case and counter case, I deem it fit and proper to admit the petitioner to the privilege of bail.

Accordingly, the petitioner, above named, is directed to 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 learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 109 of 2019.

(Mohit Kumar Shah, J) S.Sb/Saurav U T