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Patna High CourtCR. MISC./3831/2021allowed

Pintu Singh @ Pintu Kumar @ Satyajeet Kumar @ Satyajeet Singh v. The State Of Bihar

2021-03-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3831 of 2021 Arising Out of PS. Case No.-107 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Pintu Singh @ Pintu Kumar @ Satyajeet Kumar @ Satyajeet Singh, aged about 28 years, Male, Son of Upendra Singh, R/O Of Vill.- Rajpur (Rajepur), P.S.- Suppi, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar, Advocate For the State :

Mr.Anil Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-03-2021 Learned counsel for the petitioner is permitted to remove the defects within four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Mejorganj P.S. Case No. 107 of 2019 registered for the offences punishable under Sections 394, 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, while the informant was travelling with his father by a bus, on the way, six miscreants boarded on three motorcycles stopped the bus and started snatching bags from his father. When his father made protest, the miscreants are said to have resorted firing upon his father

Patna High Court CR. MISC. No.3831 of 2021(2) dt.26-03-2021 2/3 causing injury to him. Thereafter, the miscreants managed to escape from the place of occurrence after snatching bag. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty local politics. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that no test identification parade has been conducted.

Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by different Co-ordinate Benches of this Hon'ble Court vide orders dated 28.05.2020, 02.07.2020, 08.09.2020 and 20.10.2020 passed in Cr. Misc. Nos.76505 of 2019, 18912 of 2020, 77896 of 2019 and 24102 of 2020 and all are not named in the F.I.R. and the petitioner's case is similar in nature. The petitioner has been languishing in custody since 10.06.2020. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail, after framing of charge, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.3831 of 2021(2) dt.26-03-2021 3/3 thousand) only with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Majorganj P.S. Case No. 107 of 2019.

(Anjani Kumar Sharan, J) Nasimul/- U T