Allowed

Birendra Singh v. The State of Bihar

Patna HC18 Sept 2024CR. MISC./26001/2024

Case brief

AI extract

What is this about?

Petitioners sought anticipatory bail in a firing-at-informant case alleging rioting and attempt to murder. Noting general and omnibus allegations against them and simple injuries on the informant, the Patna High Court granted them anticipatory bail subject to Section 438(2) Cr.P.C. conditions.

What did the court decide?

Petitioners to be released on bail upon arrest or surrender within six weeks, on bail bond of Rs.25,000 each with two like sureties, subject to S.438(2) Cr.P.C. conditions.

Birendra Singh Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26001 of 2024

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Arising Out of PS. Case No.-23 Year-2023 Thana- UDWANTNAGAR District- Bhojpur

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BIRENDRA SINGH S/O LATE BHARAT SINGH R/O VILLAGESEWGAR, P.S- UDWANTNAGAR, DISTT.- BHOJPUR.

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UMESH SINGH S/O LATE BHARAT SINGH R/O VILLAGE- SEWGAR, P.S- UDWANTNAGAR, DISTT.- BHOJPUR.

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ROHIT KUMAR S/O DINESH SINGH R/O VILLAGE- SEWGAR, P.SUDWANTNAGAR, DISTT.- BHOJPUR.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

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For the Petitioner/s : Mr.Raju Singh, Adv. For the Opposite Party/s : Mr.Shyam Kumar Singh, APP For the Informant : Mr.Amarendra Kumar, Adv.

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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3 18-09-2024

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Heard learned counsel for the petitioners, learned counsel

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for the informant and learned APP for the State.

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The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147, 341, 323, 307, 504, 506 of the IPC and section 27 of the Arms Act.

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As per prosecution case, petitioners and other co-accused came at the door of the informant and started abusing her and on objection, co-accused Arun Singh instigated to shoot the informant upon which one Raunak Kumar fired with gun. Other co-accused persons were firing with country made pistol.

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It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to ulterior

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Patna High Court CR. MISC. No.26001 of 2024(3) dt.18-09-2024 2/2

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motive. There is no specific overt act against the petitioners. Injury report of the informant shows the injury simple in nature. There is a case and counter-case between the parties. Petitioners have one criminal antecedent.

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Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioners are also accused in a case u/s 302 of the IPC bearing Tekari (Gaya) P.S. Case No.381/2022 and therefore, the petitioners are not entitled for privilege of anticipatory bail.

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Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Udwantnagar P.S. Case No.23 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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pallavi/-

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U T

Birendra Singh v. The State of Bihar

Case brief

What is this about?

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Birendra Singh v. The State of Bihar

Case brief

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