Ashok Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63476 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- Kalyan Bigha District- Nalanda ====================================================== Ashok Singh, Son of Late Krishna Singh, R/V- Village- P.S.- Kalyan Bigha, Distt.- Nalanda, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajan Ghoshrave, Advocate Mr. Mrityunjay Kumar, Advocate For the State :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-10-2024 Heard Mr. Rajan Ghoshrave, learned counsel for the Petitioner and Mrs. Rina Sinha, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kalyan Bigha P.S. Case No. 17 of 2024 dated 06.05.2024 registered for the offences punishable under Sections 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 25 (1B) (a) and 26 of the Arms Act.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is alleged to have fired at the informant but no firearm injury is sustained by the informant in that firing and the said allegation is completely false and in this regard, seizure list is very relevant. As per the FIR, the alleged occurrence took place on 06.05.2024 at about 8:05 A.M.
Patna High Court CR. MISC. No.63476 of 2024(2) dt.05-10-2024 2/3 and the FIR was registered on the same day at 9:50 A.M. but the seizure list was prepared on that day at 9:20 A.M. which shows that the seizure list had been prepared before the registration of the FIR. It is further submitted that as per the FIR, two bullets fell down from the possession of the petitioner at the place of the occurrence but as per the seizure memo, the said bullets were recovered from the house of the petitioner which also creates a serious doubt in the prosecution story. Learned counsel further submits that the petitioner has fair and clean antecedent and due to a land dispute the informant fabricated a false story.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the facts and circumstances of this case as well as above submissions and also the fair and clean antecedent of the petitioner, this Court is inclined to accept the anticipatory bail prayer of the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Kalyan Bigha P.S. Case No. 17 of
Patna High Court CR. MISC. No.63476 of 2024(2) dt.05-10-2024 3/3 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) maynaz/- U T