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Patna High CourtCR. MISC./5453/2017bail granted

Shekhar Prasad Singh v. The State Of Bihar

2017-02-06Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5453 of 2017 Arising Out of PS.Case No. -37 Year- 2000 Thana -AMARPUR District- BANKA ====================================================== Shekhar Prasad Singh, son of Abhinandan Singh, resident of villagePadbhara, P.S. Tarapur, District-Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Advocate For the Opposite Party : Mr. Bisheshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Amarpur P.S. Case No. 37 of 2000 for the offences instituted under Sections 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the informant in his fardbeyan has alleged that on 09.03.2000 this petitioner along with one another FIR named and one unknown person came at his door. Out of them, one Pradeep Mandal @ Fanta shot fired which caused injury on his shoulder and thereafter all the accused persons escaped from the place of occurrence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The police after

Patna High Court Cr.Misc. No.5453 of 2017 (2) dt.06-02-2017 2/2 investigation submitted final form in the year 2001. But the court below took cognizance after fifteen years. There is land dispute also between the parties and so the petitioner deserves anticipatory bail.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the land dispute between the parties and also the fact that the allegation of firing is against other coaccused, the prayer of anticipatory bail is allowed, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Amarpur P.S. Case No. 37 of 2000 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sanjay Kumar, J) B.Kr./- U T