Jayant Kumar Singh @ Jayant Singh @ Bittu v. The State Of Bihar

Patna High Court Cr.Misc. No.59489 of 2017 (3) dt.03-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59489 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -LODIPUR District- BHAGALPUR ====================================================== Jayant Kumar Singh @ Jayant Singh @ Bittu, Son of Late Alakh Niranjan Singh @ Rajiv Singh, Resident of Village- Pipra, P.S.- Lodipur, DistrictBhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-01-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Lodipur PS case no. 5 of 2017 registered for the offences punishable under Sections 307, 120(B)/34 of Indian Penal Code and Section 27 of Arms Act.

The case of the informant is that while he was returning to his residence by his motorcycle, two people riding a motorcycle started abusing him and subsequently, fired on him with the intention to kill him. Subsequently, second fire was also made whereafter, the informant ran away. In his fardbeyan, the informant has stated that he can identify the accused persons upon seeing them.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.59489 of 2017 (3) dt.03-01-2018 the petitioner has been falsely implicated in the present case merely on suspicion. It is further submitted that the petitioner is the close relative of the informant hence, there was no occasion for the informant to not recognize the petitioner. It is further submitted that a civil suit is pending between the parties hence, the petitioner has been made accused in the present case with the motive to create pressure on the accused side. It is further submitted that there is no material to connect the petitioner with the alleged occurrence and the petitioner has a clean antecedent.

Having regard to the facts and circumstances of the case, I direct the petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Addl. Chief Judicial Magistrate-IV, Bhagalpur in connection with Lodipur P.S. case no. 5 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J.) rinkee/- U T