Patna High Court
Bigeshwar Prasad Singh vs The State Of Bihar on 12 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31656 of 2020
Arising Out of PS. Case No.-307 Year-2019 Thana- MUNGER MUFFASIL District- Munger
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Bigeshwar Prasad Singh, aged about 60 years, Male, son of Late Ram Dev
Singh, resident of village- Adarsh Gram, P.S.- Muffasil, District- Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the State : Mr. Shantanu Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 12-02-2021
Heard Mr. Ajit Kumar Singh, learned counsel for the
petitioner and Mr. Shantanu Kumar, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioner apprehends arrest in connection with
Muffasil PS Case No.307 of 2019 dated 04.11.2019, instituted
under Sections 147, 148, 149, 341, 323, 307, 335, 427 of the
Indian Penal Code and 27 of the Arms Act, 1959.
3. The allegation against the petitioner is that he gave
order to the other co-accused to burn the house of the informant
and throw her son in the fire, but somehow, he managed to
escape and there was also firing which resulted in gunshot
injury to one Gautam Kumar.
4. Learned counsel for the petitioner submitted that
there is counter case earlier in time from the accused side and
Patna High Court CR. MISC. No.31656 of 2020 dt.12-02-2021
the fact is that informant had come prepared for assault and they
had fired resulting in gunshot injury to the driver of Babloo
Mahato, who is co-accused. It was submitted that the other FIR
was filed for the same incident by the wife of Babloo Mahto in
which the driver of Babloo Mahto relating to gunshot injury.
Learned counsel submitted that in the present case no injury has
been caused to the informant. It was submitted that the
petitioner is an ex-serviceman and presently is Sarpanch due to
which he has been falsely implicated. Learned counsel
submitted that there is one other case against him, that too, a
complaint case filed by the informant side only.
5. Learned APP submitted that the petitioner is
alleged to have given order for burning the house and throwing
the son of the informant in fire.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs.25,000/- (twenty five thousand)
with two sureties of the like amount each to the satisfaction of
the CJM, Munger, in Muffasil PS Case No.307 of 2019, subject
to the conditions laid down in Section 438(2) of the Code of
Patna High Court CR. MISC. No.31656 of 2020 dt.12-02-2021
Criminal Procedure, 1973, and further (i) that one of the bailors
shall be a close relative of the petitioner, and (ii) that the
petitioner and the bailors shall execute bond with regard to good
behaviour of the petitioner and he shall cooperate with the
Court/police/prosecution. Any violation of the terms of the
bonds or failure to cooperate shall lead to cancellation of his
bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
