Baunisar @ Bausar @ Dhiraj Singh @ Dhiraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73908 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Baunisar @ Bausar @ Dhiraj Singh @ Dhiraj Kumar Singh Son Of Sanjay Singh R/O Nathmalpur Ward No.9, P.S- Barhara, Distirct- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh, Adv.

For the Opposite Party/s :

Mr.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Brahara P.S. Case No. 223 of 2022 dated 20.03.2022 registered for the offence/s punishable u/ss 147, 148, 149, 307, 302 and 326 of the Indian Penal Code and 27 of the Arms.

4. As per the prosecution case, four accused persons boarded on motorcycle came and assaulted the informant's son severely, thereafter the petitioner and the co-accused persons

Patna High Court CR. MISC. No.73908 of 2023(2) dt.10-01-2024 2/3 holding rifle came and the accused Arvind Singh fired on the mouth of Bhawani Bin due to that he fell down. It is further alleged that the accused Arvind Singh kept firing indiscriminately due to that one Khedan Bin sustained bullet injury on his stomach thereafter, police came and injured were taken to hospital.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner is the member of mob. The specific allegation of firing is against the co-accused Arvind Singh. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the allegation being general and omnibus, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Ara in

Patna High Court CR. MISC. No.73908 of 2023(2) dt.10-01-2024 3/3 connection with Brahara P.S. Case No. 223 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T