Vishal Singh Rajput @ Vishal Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48343 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== VISHAL SINGH RAJPUT @ VISHAL KUMAR SINGH S/O ASHOK KUMAR SINGH Resident of village- Bariyarpur, P.S.- Chhatauni, DistrictEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 302, 120B, 379 and 34 of the IPC and section 27 of the Arms Act.

Allegedly, it is said that son of informant has been shot dead by F.I.R. named accused persons including the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that there is no eye-witness to the alleged occurrence and only on the basis of

Patna High Court CR. MISC. No.48343 of 2022(3) dt.16-01-2023 2/2 suspicion, petitioner has been dragged in this case. In the entire case-diary, there is no cogent material against the petitioner. Petitioner was only a friend of the deceased. Later on, mother of the deceased (informant) filed an affidavit stating therein that the petitioner and other accused persons named in the F.I.R. are not involved in the said occurrence. She took name of other two accused persons, which also came in the proceeding of Juvenile Trial Case No.1256/22. Petitioner is a student and has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chhatauni P.S. Case No.137 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T