Gunjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69752 of 2019 Arising Out of PS. Case No.-351 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== GUNJAN SINGH S/o Awadhesh Singh R/o village- Shahawajpur, P.S. and District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Jehanabad PS case no. 351 of 2019 instituted for the offence punishable under Sections 147, 148, 149, 302, 120(b), 324 of Indian Penal Code and Section 27 of Arms Act. The allegation is regarding the accused persons including the petitioner herein having arrived at the door of the house of one co-accused person namely Devendra Singh, whereafter they are said to have intercepted the father of the informant and it is alleged that the accused person namely Devendra Singh, Pawan Singh, Dharmendra Singh and Upendra Singh had caught hold of the father of the informant

Patna High Court CR. MISC. No.69752 of 2019(2) dt.10-01-2020 2/3 and dragged him towards the northern lane situated behind the house of Devendra Singh, whereupon after being ordered by the co-accused person namely Grish Singh, they are said to have fired pellets on the body of the deceased, resulting in his death.

The learned counsel for the petitioner has submitted that a bare perusal of the FIR would show that there is no allegation of shooting the deceased, as far as the petitioner herein is concerned and the motive of the informant to implicate the accused persons is pendency of a title suit in between the parties. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 11.05.2019.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the fact that no specific overt act has been alleged, as far as the petitioner is concerned coupled with the fact that the petitioner is languishing in custody since 11.05.2019, I deem it fit and appropriate to release the abovenamed petitioner on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.69752 of 2019(2) dt.10-01-2020 3/3 satisfaction of learned C.J.M. Jehanabad in connection with Jehanabad PS case no. 351 of 2019.

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