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Patna High CourtCR. MISC./72590/2023allowed

Niraj Singh v. The State Of Bihar

2023-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72590 of 2023 Arising Out of PS. Case No.-575 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Niraj Singh Son of Gyandat Singh R/o vill - Kathar, P.S. - Sherghati, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379 and 506/34 of the Indian Penal Code.

3. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that allegation against the petitioner has opened fire in the air but no Arms Act is mentioned in the F.I.R. There is admitted land dispute between the parties. It is further submitted that co-accused Kajesh Singh has been granted bail by a co-ordinate Bench of this Court vide

Patna High Court CR. MISC. No.72590 of 2023(2) dt.01-12-2023 2/2 order dated 28.07.2023 passed in Cr. Misc. No. 25186 of 2023. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

4. Learned APP for the State as well as learned counsel for the informant oppose the prayer for bail of the petitioner.

5. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Sherghati P.S. Case No. 575 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) annpurna/- U T