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Patna High CourtCR. MISC./71548/2022disposed

Pappu Singh v. The State Of Bihar

2023-03-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71548 of 2022 Arising Out of PS. Case No.-96 Year-2020 Thana- NARHATT District- Nawada ====================================================== 1.

PAPPU SINGH Son of Late Aditya Singh Resident of Village- Narhat P.S.- Narhat, District- Nawada.

2.

PRINCE KUMAR Son of Munna Singh @ Tuntun Singh Resident of Village- Narhat P.S.- Narhat, District- Nawada. 3.

GOPAL SINGH @ GOPAL KUMAR Son of Mantu Singh Resident of Village- Khanwan, P.S.- Narhat, District- Nawada 4.

SATISH KUMAR @ SATISH SINGH @ SATISH PRASAD SINGH Son of Kamta Singh Resident of Village- Khanwan, P.S.- Narhat, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kumar For the Opposite Party/s :

Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-03-2023 After some argument, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail petition in respect of petitioner no. 1 (Pappu Singh) and petitioner no. 4 (Satish Kumar @ Satish Singh). Permission is accorded. This anticipatory bail petition stands dismissed as withdrawn so far as petitioner no. 1 Pappu Singh and petitioner no. 4 Satish Kumar @ Satish Singh is concerned.

The petitioners (i.e. petitioner no. 2 & 3) apprehend their arrest in a case registered for the offence under Sections

Patna High Court CR. MISC. No.71548 of 2022(2) dt.23-03-2023 2/3 379, 504 & other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per written report of the informant, prosecution case in short is that on 14.05.2020 at about 8:30 PM, while the informant was at his house, all the accused persons armed with weapons came there, abused and made indiscriminate firing and thereafter, trespassed into the house of informant and took away cash & ornaments.

It is submitted on behalf of petitioners that allegation of commission of abuse, firing and pushing wife of informant is general and omnibus and no specific overt act has been alleged against these two petitioners. It is further submitted that present case is counter blast of Narhat P.S. Case No. 94 of 2020, which was lodged by petitioner no. 3 (Gopal Singh) against the informant and others.

Considering the nature of accusation and the fact that there is case and counter case, let the petitioners i.e. petitioner no. 2 & 3, as named above, in the event of their arrest/surrender within a period of six weeks from today, are directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in

Patna High Court CR. MISC. No.71548 of 2022(2) dt.23-03-2023 3/3 connection with Narhat P.S. Case No. 96 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This application is, accordingly, disposed of. (Prabhat Kumar Singh, J) anay/- U T