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Patna High CourtCR. MISC./81870/2023allowed

Santosh Singh @ Sano Singh v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81870 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- MANPUR District- Nalanda ====================================================== SANTOSH SINGH @ SANO SINGH SON OF LATE LALE SINGH R/O VILLAGE- ALAUDIYASARAI, P.S.- MANPUR, DIST.- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per FIR, it is a case of giving threatening to the informant by the petitioner along with other accused persons for compromise. It is further alleged that the petitioner also made open fire from his pistol.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. From the perusal of the FIR, it is very apparent that there is no any specific overt act against the petitioner of firing and assaulting, the informant

Patna High Court CR. MISC. No.81870 of 2023(2) dt.19-12-2023 2/2 stated that the petitioner was open fired from his pistol but not hit anyone. There is no independent witness of the alleged occurrence, who has supported the prosecution case. On the basis of suspicion and due to his criminal antecedents, petitioner has been made accused in this case. He is languishing in judicial custody since 22.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateV, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 118 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T