Abadh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56410 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== Abadh Singh Son Of Jay Ram Singh R/O Village- Bind Toli O.P. Chiraiya, P.S.- Salkhua, District- Saharsa ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Salkhua P. S. Case No.90 of 2021, instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 354(A), 379, 385, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 24.05.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that the petitioner along with accused persons were demanding extortion of Rs. Five Lacs. It is further

Patna High Court CR. MISC. No.56410 of 2021(2) dt.23-02-2022 2/3 alleged that petitioner fired hitting the husband of the informant on his chest and even looted valuables.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and as far as allegation of firing is concerned, the medical report records that the injury may be caused by firearm which amply demonstrates that even the doctor was not sure whether the injury was caused by firearm or not and further the injury is said to be simple in nature.

The learned counsel for the petitioner further submits that the husband of the informant was dealing in liquor and the same was being opposed by the petitioner and the family members and as such, petitioner came to be implicated with false allegation and that perhaps explained that while the doctor was not sure whether the injury was caused by firearm or not. Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and the injury is simple in nature and the doctors have not definitely concluded that it was an injury caused by firearm, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.

Patna High Court CR. MISC. No.56410 of 2021(2) dt.23-02-2022 3/3 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Saharsa in connection with Salkhua P. S. Case No.90 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T