Jawahar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63594 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jawahar Singh Son Of Late Nageshwar Singh R/O Village- Jaitpur, ThanaUdwantnagar, Distt.- Bhojpur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60954 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

Amit Kumar Singh Son Of Bhushan Singh R/V- Jaitpur, ThanaUdwantnagar, Dist- Bhojpur, Bihar 2.

Deepak Kumar Singh @ Deepak Singh Son Of Madhav Singh R/V- Jaitpur, Thana- Udwantnagar, Dist- Bhojpur, Bihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 63594 of 2022) For the Petitioner/s :

Mr.Kanupriya For the Opposite Party/s :

Mr.Anita Kumari (In CRIMINAL MISCELLANEOUS No. 60954 of 2022) For the Petitioner/s :

Mr.Kanupriya For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

Heard learned counsel for the parties.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 307,

Patna High Court CR. MISC. No.63594 of 2022(2) dt.16-01-2023 2/3 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per FIR, all the FIR named persons including the petitioners made indiscriminate firing upon the informant and others.

Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that though there is allegation of firing but nobody sustained injury in the occurrence. There is case and counter case between the parties. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 19.12.2022 passed in Cr. Misc. No. 52296 of 2022. He further submits that petitioner in Cr. Misc. No. 63594 of 2022 has one criminal antecedent whereas rest of the petitioners have no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.63594 of 2022(2) dt.16-01-2023 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) each 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 Udwantnagar P.S. Case No. 173 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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