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Patna High CourtCR. MISC./1964/2025bail granted

Aman Singh v. The State Of Bihar

2025-02-05Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1964 of 2025 Arising Out of PS. Case No.-34 Year-2024 Thana- Karnamepur District- Bhojpur ====================================================== 1.

Aman Singh S/O Shyam Bihari Singh Village- Ishwarpura P.S.- Karnamepur District- Bhojpur 2.

Suresh Singh S/O Bir Bhuan Singh @ Ram Bihari Singh VillageIshwarpura P.S.- Karnamepur District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bibhakar Tiwary, Adv.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 05-02-2025 Heard Mr. Bibhakar Tiwary, learned counsel for the petitioners and Mr. Jharkhandi Upadhyay, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Karnamepur P.S. Case No. 34/ 2024 dated 15.09.2024 registered for the offence(s) punishable under Section(s) 191(3), 190, 126(2), 115(2), 308(2), 329(4), 74, 352 and 351(2) of the BNS and under section 27 of the Arms Act.

3. The main submissions advanced by petitioners' counsel are that both the petitioners have fair and clean antecedent, altogether 10 accused persons, including the petitioners, have been named in the FIR, against the petitioners

Patna High Court CR. MISC. No.1964 of 2025(2) dt.05-02-2025 2/3 there is no specific allegation and they are said to be members of the accused party and the main allegation as to firing and assaulting is against co-accused, Sukesh Singh @ Sukesh Rai, Bagha Singh and Antraj Singh, Ram Bihari Singh @ Ram Bihari Rai and Shyam Bihari Singh and surprisingly, the informant has compromised the case with co-accused, Shyam Bihari Singh, Antraj Sing, Sukesh Sing @ Sukesh Rai and Ram Bihari Singh @ Ram Bihari Rai. It is further submitted that the petitioners and the informant are co-villagers and as per the FIR, the informant got treatment in a private clinic and not from a Government hospital which creates suspicion in his allegations and it has been wrongly mentioned in the FIR that the petitioners have criminal antecedents, in fact, the petitioners' criminal history is completely clean and in this regard, they have made specific statement in paragraph 3 of the petition.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioners.

5. Considering aforesaid submissions advanced by the petitioners' counsel and mainly taking into account the petitioners' fair and clean antecedent as well as nature of allegation appearing against them, this court is inclined to grant the relief of anticipatory bail to the petitioners. Accordingly, let

Patna High Court CR. MISC. No.1964 of 2025(2) dt.05-02-2025 3/3 the petitioners named-above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Karnamepur P.S. Case No. 34/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Shailendra Singh, J) BKS/- U T