Shashi Singh @ Shashi Ranjan Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Shashi Singh @ Shashi Ranjan Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the court concerned within eight weeks, on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Siwan/concerned court, subject to Section 438(2) CrPC and the additional conditions imposed.

Issue for consideration

Whether the petitioner, apprehending arrest in Aandar P.S. Case No. 157 of 2023, is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure.

Court's answer

Having regard to the facts and circumstances, the submissions made on behalf of the parties, the clean antecedent of the petitioner, the vague nature of the allegation and the possibility of false implication, the petitioner is to be released on bail in the event of his arrest or surrender before the court concerned within a period of eight weeks.

Ratio / Principle

The release is on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Siwan/concerned court, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

Key takeaways

Additional conditions imposed: one of the bailors shall be a close relative of the petitioner, and the petitioner shall remain present on each and every date fixed by the court below if so required by the learned trial court.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Arun Kumar Jha, J) allowed the anticipatory bail application of Shashi Singh @ Shashi Ranjan Singh, who was apprehending arrest in Aandar P.S. Case No. 157 of 2023 (Thana Aandar, District Siwan), registered on 23.07.2023 under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case: co-accused Shivam Singh threatened the informant on phone, and the same night the petitioner and other accused persons allegedly called out the informant's brother, whereupon Shivam Singh fired upon him. Having regard to the clean antecedent of the petitioner, the vague nature of the allegation and the possibility of false implication, the Court directed that in the event of arrest or surrender within eight weeks the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Siwan/concerned court, subject to Section 438(2) of the Code of Criminal Procedure, with further conditions that one bailor be a close relative of the petitioner and that the petitioner remain present on dates fixed by the court below if so required.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14624 of 2024

Arising Out of PS. Case No.-157 Year-2023 Thana- AANDAR District- Siwan

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

Shashi Singh @ Shashi Ranjan Singh S/o Sanjay Singh R/o VillageMadishlapur, P.S.- Aandar, District- Siwan

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s : Mrs.Rina Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 14-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner is apprehending his arrest in connection with Aandar P.S. Case No. 157 of 2023, registered on 23.07.2023 for the offences under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, the informant was threatened on phone by co-accused Shivam Singh that he would kill him. In the same night, the petitioner and other -accused persons ridding two motorcycles called out the brother of the informant and co-accused Shivam Singh fired upon him.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.14624 of 2024(2) dt.14-03-2024 2/3

the petitioner is having clean antecedent and there is no specific allegation or any overt act against him. The petitioner has falsely been implicated in this case though it is apparent from the FIR that the allegation is mainly against co-accused Shivam Singh who called the informant on phone and also fired upon his brother. The name of the petitioner was dragged in this case due to enmity and village politics.

Learned APP opposes the submission made on behalf of the petitioner. .

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the clean antecedent of the petitioner along with vague nature of allegation and possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Siwan/concerned court in connection with Aandar P.S. Case No. 157 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

Patna High Court CR. MISC. No.14624 of 2024(2) dt.14-03-2024 3/3

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J)

DKS/-

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