Disposed

Ajay Singh v. The State of Bihar

Patna HC13 Jan 2023CR. MISC./52408/2022

Case brief

AI extract

What is this about?

An oral order granted anticipatory bail to petitioners charged under IPC and Arms Act. The court noted the existence of a counter-case and lack of criminal antecedents, directing them to remove defects within four weeks upon arrest or surrender.

What did the court decide?

Petitioners released on bail if arrested or surrender within four weeks, furnishing bond of Rs. 10,000 each with two sureties.

Ajay Singh Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52408 of 2022

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Arising Out of PS. Case No.-512 Year-2020 Thana- KESARIA District- East Champaran

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Ajay Singh S/o Late Ram Bilash Singh R/o village- Siswa Patna, P.S.Keshariya, District- East Champaran

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Rakesh Singh S/o Late Rambilash Singh R/o village- Siswa Patna, P.S.Keshariya, District- East Champaran

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Niraj Singh S/o Late Rambilash Singh R/o village- Siswa Patna, P.S.Keshariya, District- East Champaran

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Sumeshwar Singh S/o Late Radha Singh R/o village- Siswa Patna, P.S.Keshariya, District- East Champaran

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Vishal Chaudhur S/o Brahma Chaudhur R/o village- Jasauli, P.S.- Kotwa, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Karandeep Kumar, Advocate For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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2 13-01-2023 Learned counsel for the petitioners submits that petitioner no.2, Rakesh Singh has since been arrested and as such the petition with regard to him has become infructuous.

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Heard the parties in Virtual Court Proceeding.

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Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

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The petitioners are apprehending arrest in connection with Keshariya P.S. Case No. 512 of 2020 under sections 147, 148, 149, 323, 341 of the Indian Penal Code and

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Patna High Court CR. MISC. No.52408 of 2022(2) dt.13-01-2023 2/3

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Section 25(1-b)a, 26, 27, 35 of the Arms Act.

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As per the prosecution story, the informant alongwith his son was returning home after ploughing field, the accused persons blocked the road and assaulted them. Accordingly, the FIR.

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Learned counsel for the petitioners submit that there is land dispute between the parties and case and counter case have been lodged in the matter in which the informant's side have also been received injuries.

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The last submission is that they do not have any criminal antecedents.

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The learned APP on the other hand opposes the prayer stating that allegations are there against the petitioners.

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Taking into account the aforesaid facts that there is case and counter case as also that the petitioners do not have criminal antecedents and there is no allegation of actual assault any of the side of the informant, this Court is inclined to grant them relief.

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Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/(Ten thousand) each with two sureties of like amount each to the

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Patna High Court CR. MISC. No.52408 of 2022(2) dt.13-01-2023 3/3

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satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Keshariya P.S. Case No. 512 of 2020 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Rajiv Roy, J)

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Ravi/-

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U T

Ajay Singh v. The State of Bihar

Case brief

What is this about?

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Ajay Singh v. The State of Bihar

Case brief

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