Arbind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75880 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Vicky Giri Son of Lallu Giri Resident of Village-Rawal Bigha,P.S. Mufassi,Distt.-Aurangabad ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 77477 of 2018 Arising Out of PS. Case No.-261 Year-2018 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Arbind Kumar Singh S/o Late Baij Nath Singh, R/o Vill.- Rawal Bigha, P.S.- Muffasil, District- Aurangabad.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 75880 of 2018) For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Sri Mukesh Kumar Singh (In CRIMINAL MISCELLANEOUS No. 77477 of 2018) For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-04-2019 Both the cases arises out of from same police station case number, as such both the cases are taken together for disposal. This is an application for grant of anticipatory bail in connection with Aurangabad (Town) P.S. Case No. 261 of 2018, disclosing offences under Sections 147, 148, 149, 341, 323, 504, 506, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

In both cases allegation as per F.I.R. is that the brother

Patna High Court CR. MISC. No.75880 of 2018(3) dt.16-04-2019 2/2 of the informant was called by the petitioners and others and thereafter, he was surrounded by the accused persons including the petitioners and there is further allegation against the petitioners of caught hold the brother of the informant and one Vivek Singh handed over a pistol to Murari Singh, who fired upon the brother of the informant.

Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and there is no allegation of assault against them and other co-accused person has been granted anticipatory bail.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioners stating that the petitioners were actively participated in the occurrence and caught hold of the deceased and thereafter one co-accused fired and further submits that anticipatory bail application of co-accused Vivek Singh has been rejected, who had provided pistol to Murari who fired. Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioners.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T