Varun Kumar Singh @ Varun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55237 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== VARUN KUMAR SINGH @ VARUN SINGH SON OF VIJAY SINGH RESIDENT OF VILLAGE- MOHMADPUR, TOLA- MIRJAPUR, PS- G.B. NAGAR (TARWARA), DISTT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh, Adv.

For the Opposite Party/s :

Mr.Arun Kumar, APP.

Mr. Bijay Prakash Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in G.B. Nagar P.S. Case No. 163 of 2023 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 447, 448, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Allegedly, due to previous land dispute, petitioner is said to have opened fire upon the informant as a result of which he sustained fire arm injury.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.55237 of 2023(4) dt.27-02-2024 2/2 falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties. Though there is serious allegation against the petitioner to open fire upon the informant, but as per the injury report, the injury of the informant is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail.

6. Considering the facts and circumstances of case, as there is specific overt act against the petitioner to fire upon the informant, I am not inclined to enlarge him on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order considering the fact that petitioner has no criminal antecedent. (Anjani Kumar Sharan, J) divyanshi/- U T