Patna High Court - Orders
Gunjan Singh vs The State Of Bihar on 21 September, 2020
Author: Shivaji Pandey
Bench: Shivaji Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17901 of 2020
Arising Out of PS. Case No.-71 Year-2019 Thana- SHAMBHUGANJ District- Banka
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1. Gunjan Singh Son of Late Arjun Singh Resident of Village- Ramchuna, P.S.-
Shambhuganj, District- Banka.
2. Anuj Kumar Singh @ Anuj Singh Son of Late Umesh Prasad Singh Resident
of Village- Ramchuna, P.S.- Shambhuganj, District- Banka.
3. Abhay Singh @ Ajay Singh Son of Late Umesh Prasad Singh Resident of
Village- Ramchuna, P.S.- Shambhuganj, District- Banka.
4. Rigan Singh Son of Sri Vinay Singh Resident of Village- Ramchuna, P.S.-
Shambhuganj, District- Banka.
5. Tusho Singh Son of Late Girish Kumar Singh Resident of Village-
Ramchuna, P.S.- Shambhuganj, District- Banka.
6. Suraj Kumar Singh Son of Sri Chitranjan Prasad Singh Resident of Village-
Ramchuna, P.S.- Shambhuganj, District- Banka.
7. Subham Kumar Singh Son of Sri Chitranjan Kumar @ Chinto Singh
Resident of Village- Ramchuna, P.S.- Shambhuganj, District- Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ashok Kumar Choudhary, Advocate
Mr.Prakash Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
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CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY
ORAL ORDER
3 21-09-2020Learned counsel for the petitioners submits that petitioner nos.1, 2, 3, 5, 6 & 7 have already been arrested during the pendency of this application and, as such, their application for grant of anticipatory bail has rendered infructuous.
Accordingly, this application is dismissed as having become infructuous so far as petitioner nos. 1, 2, 3, 5, 6 & 7 are concerned.
Patna High Court CR. MISC. No.17901 of 2020(3) dt.21-09-2020 2/3 Heard learned counsel for the petitioner no.4 Rigan Singh and learned counsel for the State.
In this case, the petitioner no. 4 is seeking anticipatory bail in connection with Shambhuganj P.S. Case No. 71 of 2019, registered for the offence punishable under Sections 147, 149, 323, 341, 171 (F), 307, 332, 353, 337, 188, 109, 291, 504, 506 of the Indian Penal Code and Sections 131, 132 and 135 (A) of the Representation of People Act, 1991.
Allegation has been made that about 200-250 unknown supporters of a particular candidate came to the polling booth and attempted to cast bogus votes and on resistance, they attacked the polling party and started pelting stones and also tried to break the EVM and they fled away. The name of the petitioner has been identified by the local Mukhiya from Video recording.
Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner no.4.
Accordingly, his prayer for bail is rejected. However, if the petitioner no. 4 surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass Patna High Court CR. MISC. No.17901 of 2020(3) dt.21-09-2020 3/3 appropriate order preferably on the same day without being influenced by the order of this Court.
(Shivaji Pandey, J) V.K.Pandey/-
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