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Patna High CourtCR. MISC./66055/2021bail granted

Gautam Kumar @ Shubham Singh v. The State Of Bihar

2022-02-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66055 of 2021 Arising Out of PS. Case No.-104 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== Gautam Kumar @ Shubham Singh Son of Virendra Singh Resident of Village - Manganpur, P.S.- Bhagwanpur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Bhagwanpur P.S. Case No. 104 of 2019, registered for the offence under Sections 341, 323, 324, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, all the accused persons, variously armed, brutally assaulted the son of the informant, due to which, he sustained injury and later on, died in course of treatment.

It is submitted on behalf of petitioner that specific allegation of causing fire-arm injury is against co-accused Brajesh Kumar Singh and Jai Kishore Singh and co-accused Brajesh Kumar Singh has already been granted anticipatory bail, vide order dated 28.06.2021 passed in Cr.Misc. No. 82110 of

Patna High Court CR. MISC. No.66055 of 2021(2) dt.25-02-2022 2/2 2019 (Annexure - 2). So far as this petitioner is concerned, there is general and omnibus allegation. There is land dispute between the parties and he is in custody since 12.08.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1st, Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 104 of 2019.

(Prabhat Kumar Singh, J) anay/- U T