Bijli Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57219 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Bijli Singh, Son of Laxmi Singh Resident of Village - Chandpura, P.S.- Gaighat, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Gaighat P.S. Case No.91 of 2019, for the offence punishable under Sections 147, 148, 149, 341, 323, 354(A), 379, 504 of the Indian Penal Code.

The allegation against the petitioner is that petitioner along with other accused persons entered into the house of the informant and petitioner fired two rounds of bullet which did not hit the son of the informant.

Mr. Abhay Kumar, learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case along with other accused persons inasmuch as the petitioner has lodged a case bearing Complaint Case No.804 of 2019 dated 30.03.2019 against the informant and others

Patna High Court CR. MISC. No.57219 of 2019(3) dt.16-09-2019 2/2 registered under Sections 307, 147, 148, 323, 324, 379, 380, 384, 452, 504 of the Indian Penal Code. Learned counsel further submits that no injury has been caused to anybody, as would be evident from the First Information Report itself. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that both the parties are covillagers and there is previous enmity between them and nobody has received any injury due to firing made by the petitioner, as such, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 15th Muzaffarpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.