Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52028 of 2023 Arising Out of PS. Case No.-136 Year-2023 Thana- BARARI District- Katihar ====================================================== NIRANJAN SINGH Son of Ashrfi Singh Resident of village - Gandhigram, P.S. - Barari, Distt. - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ansul, Adv Mr. Nafisuzzoha, Adv For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP For the Informant :

Mr. Rananjay Kumar, Adv Mr. Arif Daula Siddiqui, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code and 27, 25(1-b)a/26 of Arms Act.

3. The allegation against the petitioner is that he is involved in the murder of the informant's husband.

4. 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. No such occurrence, in the manner as alleged, has ever taken place. He submits that the specific allegation is against the co-accused Rakesh Kumar to open fire upon the deceased and there is no specific overt act

Patna High Court CR. MISC. No.52028 of 2023(3) dt.11-12-2023 2/2 against the present petitioner. Petitioner is only a member of the mob. Petitioner has no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

6. Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her 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 Barari P.S. Case No.136 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T