Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62523 of 2024 Arising Out of PS. Case No.-270 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Arun Kumar Singh Son of Late Baun Singh R/o Village- Amraur, P.S.- Muffasil, District- Begusasrai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Sharan Singh For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the informant.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his younger brother Gopal Singh after taking dinner was sleeping on a cot at the door on 30.05.2019, further on 31.05.2019, when he went at the door at 4.00 A.M. with tea, he saw that his brother was shot in the head, further alleges that petitioner along with Amit Singh had threatened them on

Patna High Court CR. MISC. No.62523 of 2024(2) dt.17-01-2025 2/3 24.05.2019 to kill.

4. The learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in the instant case, based on suspicion, as the informant is not an eyewitness to the occurrence. It is also submitted that police after threadbare investigation submitted final form exonerating the petitioner of the allegation but then the learned trial court took cognizance differing with the police report. The learned counsel for the petitioner thus submits that when one investigating agency after threadbare investigation submitted final form exonerating the petitioner from the allegation whether it would be prudent for this court to send the petitioner to jail based on an order of cognizance which came to be taken based on the same police report which has exonerated the petitioner.

5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner.

6. 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 Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.62523 of 2024(2) dt.17-01-2025 3/3 (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 Begusarai Muffasil P.S. Case No.270/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T