Shubham @Shubham Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53864 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== Shubham @Shubham Singh S/O Sri Kaushal Kishore Singh @ Kaushal Singh Resident Of Village- Balloo Ghat, P.S- Muzaffarpur Town, Distt.- Muzaffarpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Umesh Chandra Verma, Advocate :

Mr. Abhishek Kumar, Advocate :

Mr. Hemant Ray, Advocate For the Opposite Party :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Town (Sikandarpur) P.S. Case No. 192 of 2023 dated 10.03.2023, instituted for the offence punishable under Sections 384 and 506 of the Indian Penal Code and 25 (1-b)a/26/27/35 of the Arms Act, 1959.

3. The prosecution case, in short, is that on 09.03.2023 at 04:00 pm, the informant received a threat call demanding Rs. 50,000/- (Fifty Thousand), claiming that he (Caller) spent the said amount on his bail in a case filed against him by the mother of the informant arising out of Nagar P.S. Case No. 960 of 2023 on 23.10.2022. On the same day, at about

Patna High Court CR. MISC. No.53864 of 2023(6) dt.23-08-2023 2/3 10:00 pm, the petitioner along with other named accused persons came to the house of the informant with country-made pistol and started stone pelting and opened gunshot firing. It is further alleged that on hearing gunshot firing, local people gathered and informed Police but the accused persons ran away. The police recovered two bullet shells and one live bullet from the place of occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the allegation against the petitioner is general and omnibus in nature and though cartridges have been recovered but nobody have received the gunshot injury. It is further submitted that on perusal of the F.I.R., it is apparent that the main allegation is against Raja, who demanded the money worth Rs. 50,000/- (Fifty Thousand) from the informant and also threatened him. Lastly, it has been submitted that the petitioner is a student and has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in

Patna High Court CR. MISC. No.53864 of 2023(6) dt.23-08-2023 3/3 the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Town (Sikandarpur) P.S. Case No. 192 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Shanu/- U T