Abhiraj Singh @ Tutu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83939 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- PATRAKARNAGAR District- Patna ====================================================== Abhiraj Singh @ Tutu Singh S/o Sri Munarik Singh R/o village- Karanpura, P.S.- Gopalpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act, It is alleged that Upnesh Singh, Kallu Singh and the petitioner came to hospital to see one Birendra Singh when coaccused Kallu Singh had taken the son of the informant on his motorcycle and subsequently, Upnesh Singh and Kallu Singh fired at the son of the informant, who succumbed to the injury. It is submitted by learned counsel for the petitioner that the accusation of firing is against Kallu Singh, Upnesh Singh and similarly situated co-accused Chhotu Kumar has been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 17.10.2019 passed in Cr. Misc. No. 46369 of

Patna High Court CR. MISC. No.83939 of 2019(3) dt.18-02-2020 2/2 2019. The petitioner is accused in two other cases but he is on bail in both the cases, out of which one case was registered under Sections 406 and 420 of the Indian Penal Code and other under Excise Act.

Learned APP submits that the petitioner is also named in the FIR with accusation that he along with other co-accused persons had gone to the hospital to see Birendra Singh. Considering the fact that the accusation of firing is against co-accused Upnesh Singh and Kallu Singh and similarly situated co-accused has been granted anticipatory bail by Coordinate Bench of this Court, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-X -cum- A.C.J.M., Patna in connection with Patrakar Nagar P.S. Case No. 105 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T