Shashi Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45243 of 2023 Arising Out of PS. Case No.-51 Year-2023 Thana- ISHUPUR BARAHAT District- Bhagalpur ====================================================== SHASHI BHUSHAN SINGH Son of Late Dharamnath Singh Resident of village - Jhurkusiya (Narainpur), P.S. - Ishipur Barahat, Distt. - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Alka Singh, Advocate For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Ishipur (Barahat O.P.) PS case no. 51 of 2023, registered for the offences punishable under Section 188 and other allied sections of the Indian Penal Code and Section 27 of Arms Act.

3.

The allegation is regarding the informant having received a video through social media, wherein the petitioner was seen engaging in celebratory firing in a marriage ceremony. 4.

The learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that first of all, the video has surfaced after two months of the alleged incident and secondly, it is not clear from the video

Patna High Court CR. MISC. No.45243 of 2023(2) dt.04-08-2023 2/2 footage regarding the identity of the petitioner in the alleged incident of celebratory firing.

5.

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

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the video has surfaced after two months of the alleged occurrence and its authenticity is yet to be ascertained, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Bhagalpur in connection with Ishipur (Barahat) PS case no. 51 of 2023, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T