Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68073 of 2021 Arising Out of PS. Case No.-421 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== Arjun Singh S/o Jamun Singh R/o village- Balatar, P.S.- Bidupur, DistrictVaishali ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner seeks pre-arrest bail in connection with Bidupur P.S. Case No. 421 of 2021 lodged under Sections 147, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that in the F.I.R. there were total 16 persons made accused in which general and omnibus allegation

Patna High Court CR. MISC. No.68073 of 2021(2) dt.16-06-2022 2/3 alleged against the petitioner only to abuse and assault whereas the specific allegation is only upon Hari Narain Singh to fire on the informant, as a result of which the informant injured. Learned counsel for the petitioner further submits that there is a Title Suit No. 1011 of 2018 pending between the family of the informant and the petitioner. Learned counsel further submits that all the sections except Section 307 of the I.P.C. are bailable. There is no recovery of the Arms and no allegation of Section 307 IPC upon the petitioner, as such, the petitioner deserves to bail for the present case. Learned A.P.P. for the State submits that the specific allegation of making shot is only against Hari Narain Singh.

Considering the facts and circumstances of the case that there is only general and omnibus allegation against the petitioner and neither Sections 307 of the I.P.C. nor Section 27 of the Arms Act is made out against the petitioner, let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of four weeks from today, is directed to 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 Chief Judicial Magistrate, Vaishali in connection with Bidupur P.S. Case No.

Patna High Court CR. MISC. No.68073 of 2021(2) dt.16-06-2022 3/3 421 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Dr. Anshuman, J) ved/- U T