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Patna High CourtCR. MISC./56102/2023allowed

Anurag Kumar Singh @ Anurag Kr. Singh v. The State Of Bihar

2023-08-31Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56102 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- JIRADEI District- Siwan ====================================================== ANURAG KUMAR SINGH @ ANURAG KR. SINGH Son of Late Shriram Singh Resident of village - Bangra Tola, P.s. - Ziradei, Distt. - Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, the allegation against the accused persons including the petitioner is that they boarded on a motorcycle came and fired upon the informant's husband due to which her husband sustained gunshot injury and died on the spot.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute. The informant is not an eye witness of the alleged occurrence and no specific allegation of shot firing levelled against the

Patna High Court CR. MISC. No.56102 of 2023(2) dt.31-08-2023 2/2 petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 25.02.2023 passed in Cr. Misc. No. 62211 of 2022. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.03.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ziradei P.S. Case No. 62 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T