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Patna High CourtCR. MISC./629/2020allowed

Jitendra Singh @ Jitu Singh v. The State Of Bihar

2020-02-24Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.629 of 2020 Arising Out of PS. Case No.-254 Year-2016 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Jitendra Singh @ Jitu Singh, aged about 49 years, Gender, Male, 2.

Balbir Singh @ Balbir Kumar, aged about 39 years, Gender, Male, both S/o Late Ramugrah Singh 3.

Ashok Singh, aged about 31 years, Gender, Male, S/o Late Gaya Singh, all R/o village- Paroriya, P.S.- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Muffasil P.S. Case No. 254 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 448, 504 and 379 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story in brief as per the writte4n report instituted by Anki Kumar stating therein that on alleged date of occurrence when informant and others that the were sitting at Darwaza in the meantime accused persons namely

Patna High Court CR. MISC. No.629 of 2020(4) dt.24-02-2020 2/3 Jitendra Singh @ Jeetu Singh, Narendra Singh, Dharmendra Singh, Balweer Singh, Ashok Singh having rifle and gun in their hand and started making firing. Thereafter, about 10 accused persons have also reached and assaulted informant and Bipin Kumar by the butt of gun and rifle due to which blood started oozing. It is said that accused persons entered into the house of the informant and took away ornaments of gold and silver having worth of Rs.2.5 Lakhs. It is alleged that co-accused Narendra Singh took away golden chain having locket of Bajrang wali. It is further said Dharmendra Singh gave a bag from where Narendra Singh and Jitendra Singh took the bomb and burst it.

Learned counsel for the petitioners submits that there is case and counter case between the parties. He further submits that the petitioners have falsely been implicated in the present case due to local village politics. He further submits that there is no specific allegation or overt act against the petitioners and vague allegation has been alleged against all. Even no specific arm has been attributed against the petitioners. Learned counsel for the petitioners further submits that the petitioners have no any criminal antecedent.

Patna High Court CR. MISC. No.629 of 2020(4) dt.24-02-2020 3/3 In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 254 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T