Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59170 of 2018 Arising Out of PS. Case No.-370 Year-2018 Thana- SAUR BAZAR District- Saharsa ====================================================== Ajay Kumar Singh Son of Chandradev Prasad Singh Resident of VillageKapsiya, P.S. Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Jha For the Opposite Party/s :

Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 384, 386, 379, 504, 506 and 34 of the Indian Penal Code and 25(1-b)A, 26/27 of the Arms Act.

The prosecution case, in brief, is that while the informant was walking on the road in front of his house, he saw the accused persons masking their face by hurling abuses. The ransom was made and on refusal, firing was also made. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case . Both parties are agnates. A land dispute is pending

Patna High Court Cr.Misc. No.59170 of 2018(3) dt.26-11-2018 2/2 between the parties. None is said to have been injured in course of the occurrence. Hence, no offence u/S 307 of the Indian Penal Code is made out. There is no recovery of arms or ammunition from possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 370 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T