Binod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57317 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- GWALPARA District- Madhepura ====================================================== BINOD KUMAR SINGH Son of Hare Prasad Singh Resident of Sahpur, ward no. 11, P.S.-Gwalpara, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that her husband was shot dead by 5-6 accused persons as disclosed by villagers, it is next alleged that he was shot on account of dispute relating to Panchayat election.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that

Patna High Court CR. MISC. No.57317 of 2022(2) dt.22-11-2022 2/3 petitioner is not named in the FIR and his name transpired during the course of investigation as conspirator. Learned counsel next submits that petitioner is not evading law rather will cooperate in the investigation and will present himself as and when required by the investigating officer of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gwalapara P.S. Case No. 170 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, in the event, if the investigating officer of the case files an application before the learned trial Court bringing to its notice that the petitioner despite assurance to

Patna High Court CR. MISC. No.57317 of 2022(2) dt.22-11-2022 3/3 this Court that he will cooperate in the investigation is not cooperating in the investigation after obtaining anticipatory bail, the learned trial Court shall forthwith cancel his bail bonds after recording reasons.

(Satyavrat Verma, J) GauravSinha/- U T