Patna High CourtCR. MISC./46431/2023bail granted

Vijay Singh v. The State Of Bihar

2023-09-06Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46431 of 2023 Arising Out of PS. Case No.-114 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== VIJAY SINGH Son of Late Hira Singh Resident of village - Mohaniya, P.S. - Kargahar, Distt. - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-09-2023 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Lalan Kumar, learned A.P.P. for the State.

2. The petitioner apprehend his arrest in connection with Kargahar P.S. Case No. 114 of 2023, dated 25.03.2023, registered under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code and 27 of the Arms Act.

3. As per allegation made in the F.I.R. the informant has tried to intervene the fight between two co-villagers, upon which the petitioner and co-accused named in the F.I.R. namely Santosh Singh fired from desi katta on the right thigh of the informant. There is no specific allegation of assault against the petitioner.

Patna High Court CR. MISC. No.46431 of 2023(2) dt.06-09-2023 2/3

4. Learned counsel appearing on behalf of the petitioner submits that from the F.I.R. it appears that allegation of assault has been made against co-accused Santosh Singh. The petitioner can only be considered to be a member of mob. The petitioner has clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation of assault against co-accused namely Santosh Singh, the petitioner being member of the mob and there is general and omnibus allegation has been made against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Kargahar P.S. Case No. 114 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

7. The Court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been

Patna High Court CR. MISC. No.46431 of 2023(2) dt.06-09-2023 3/3 stated in paragraph no. 3 of the bail application, this order will automatically loose its force.

(Purnendu Singh, J) pravinkumar/- U T