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Patna High CourtCR. MISC./75430/2023bail granted

Upendra Kumar Singh v. The State Of Bihar

2023-11-29Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75430 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Upendra Kumar Singh Son of Tribhuwan Narayan Singh R/O Parwati Complex, Mashrakh, P.O. + P.S. - Mashrakh, Distt. - Saran at Chapra 841417. Presently residing at Mohalla - Dahiawan Tola, P.O - Chapra, P.S. - Chapra Town, Distt. - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-11-2023 Heard Mr. Jeetendra Narayan, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Chapra Town P.S.Case No.186 of 2022, registered for the offences punishable under Sections 186, 188, 353, 504, 506 r/w 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, two unknown persons, who were on the motorcycle bearing Registration No.BR04AA 5640, fired near the Guard Room and fled away.

4. Learned counsel appearing on behalf of the petitioner submits that the allegation of firing is against unknown person. FIR has been lodged by the Circle Officer,

Patna High Court CR. MISC. No.75430 of 2023(2) dt.29-11-2023 2/2 Chapra Sadar. The incident of firing had taken place due to enmity between two groups of the area. Learned counsel further submits that the Circle Officer has made accused the petitioner in the present case due to enmity because the petitioner had found the Circle Officer involved in some malpractices and the same was objected by him at some point of time.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties and the nature of allegation being general and omnibus, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the court of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S.Case No.186 of 2022, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) chn/- U