Allowed

Vijay Singh @ Vijay Kumar v. The State of Bihar

Patna HC13 Jan 2022CR. MISC./13462/2021

Case brief

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What is this about?

In CR. MISC. No.13462 of 2021, the Patna High Court granted anticipatory bail to six petitioners in a case involving serious offences under the IPC and Arms Act. The court noted the lack of physical injuries or recovered pellets despite allegations of rifle usage. The petitioners were directed to be released on bail upon arrest subject to Section 438(2).

What did the court decide?

Petitioners shall be released on anticipatory bail upon arrest subject to conditions under Section 438(2) Cr.P.C.

Vijay Singh @ Vijay Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 13462 of 2021

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Arising Out of PS. Case No.-40 Year-2020 Thana- NARDIGANJ District- Nawada

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======================================================

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Vijay Singh @ Vijay Kumar, Male, aged about 60 years, Son of Ishwari Singh.

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Bipul Kumar, Male, aged about 28 years, Son of Rajendra Singh.

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Ramnandan Singh @ Jharo Singh, Male, aged about 35 years, Son of Lal Bihari Singh.

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Nishant Kumar, Male, aged about 25 years, Son of Vinay Singh.

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Mintu Kumar, Male, aged about 35 years, Son of Nawal Singh.

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Santu Kumar, Male, aged about 26 years, Son of Nawal Singh. All are resident of village- Padariya, P.S.- Nardiganj, District- Nawada.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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ORAL ORDER

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3 13-01-2022 Heard the parties through video conferencing.

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The petitioners seek bail in anticipation of their arrest

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in connection with Nardiganj P.S. Case No. 40 of 2020 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 385, 379, 354 and 448 of the Indian Penal Code and Section 27 of the Arms Act.

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Learned counsel for the petitioners submits that an absolute concocted story has been developed alleging that rifle was used and it was blindly fired over all the persons. However,

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Patna High Court CR. MISC. No.13462 of 2021(3) dt.13-01-2022 2/2

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consequently no one has been injured neither any pellet were recovered nor any injury has been caused to any person. Learned counsel submits that the petitioners have no other criminal antecedent.

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Learned counsel for the State opposes the prayer for anticipatory bail.

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However, taking into consideration the above, I am inclined to allow the petitioners on bail, in the event of arrest they shall be released on anticipatory bail, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Sanjeev Prakash Sharma, J)

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Anand Kr.

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U T

Vijay Singh @ Vijay Kumar v. The State of Bihar

Case brief

What is this about?

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Vijay Singh @ Vijay Kumar v. The State of Bihar

Case brief

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