Jitendra Singh @ Jitendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39979 of 2020 Arising Out of PS. Case No.-289 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== 1.
Jitendra Singh @ Jitendra Kumar Singh, aged about 45 years, Gender - Male, Son of Ram Pravesh Singh 2.
Ansuman Kumar @ Anshuman Kumar Singh @ Munna Singh @ Munna, aged about 22 years, Gender - Male, Son of Jitendra Singh @ Jitendra Kumar Singh, both resident of Village- Malpur, P.S.- Patepur, DistrictVaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rana Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners seek bail in connection with Patepur P.S. Case No. 289 of 2019 registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The prosecution story in nut shell is that on 03.11.2019, the informant was fishing in his pond, in the meantime, Manish Tiwari and others came there and started dispute for fishing. The further case of the prosecution is that Manish Kumar Tiwari fired which touched the nose of Ram Kewal Tiwari and Jitendra Singh also fired due to which Ram
Patna High Court CR. MISC. No.39979 of 2020(3) dt.23-03-2021 2/3 Binod Tiwari rarely escaped. It is also alleged that Anshuman @ Munna (petitioner no.2) fired which hit in the stomach of Manoj Tiwari.
Learned counsel for the petitioners submits that there is no specific allegation against the petitioners. According to the F.I.R., it is alleged that petitioner no.1 has fired due to which Ram Binod Tiwari rarely escaped. It is also alleged that petitioner no.2, Anshuman @ Munna fired which hit in the stomach of Manoj Tiwari. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by order dated 29.05.2020 passed in Cr. Misc. No.645 of 2020 and by order dated 24.02.2020 passed in Cr. Misc. No.291 of 2020. Petitioners are in jail custody since 10.08.2020.
Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioners be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each only with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Vaishali at Hajipur in connection with Patepur P.S. Case No. 289 of 2019.
However, petitioner no.2, namely, Ansuman Kumar @
Patna High Court CR. MISC. No.39979 of 2020(3) dt.23-03-2021 3/3 Anshuman Kumar Singh @ Munna Singh shall be released on bail after completion of one year in jail custody. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) Nasimul/- U T