Arvind Kumar Singh @ Arvind Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74297 of 2019 Arising Out of PS. Case No.-804 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== Arvind Kumar Singh @ Arvind Singh S/o Late Indradeo Singh R/o MohallaCivil Line Ward No.-9, Sasaram, P.S.- Sasaram (T), District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Sasaram (T) P.S. Case No. 804 of 2019 dated 07.09.2019 instituted for the offences under Sections 341,, 323, 307, 304/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is stated to have instigated his younger brother to fire upon the informant.

Learned counsel for the petitioner has submitted that petitioner has been made accused in this

Patna High Court CR. MISC. No.74297 of 2019(2) dt.11-12-2019 2/3 case only because he happens to be an advocate and it was the attempt of the informant to anyhow implicate the petitioner in this case so that the dispute between the two neighbours, viz. petitioner, his brother and the informant is not taken to the Court for any reason whatsoever. Nobody appears to have been injured in the occurrence. There is counter version of the occurrence as well. In the two other cases in which the petitioner was earlier made accused, one is with respect to the dispute with his wife and the other case has ended in settlement of dispute.

Considering the nature of accusation viz. instigating his brother to fire upon the informant, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.74297 of 2019(2) dt.11-12-2019 3/3 Rohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 804 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

However, if the petitioner indulges in any such activity in future, it will be open for the informant to proceed for cancellation of anticipatory bail of the petitioner.

(Ashutosh Kumar, J) Shageer/- U T