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Patna High Court - Orders

Braj Bhushan Singh @ Bhushan Singh vs The State Of Bihar on 19 May, 2023

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15637 of 2023
                      Arising Out of PS. Case No.-370 Year-2022 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 BRAJ BHUSHAN SINGH @ BHUSHAN SINGH Son of Late Brajendra
                 Prasad Singh @ Bajrangi Singh Resident of Village- Keshopur, Ps- Barhara,
                 District- Bhojpur at Ara

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar
                 For the Opposite Party/s :       Mr.Amitesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-05-2023

Heard learned counsel for the petitioner and the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 307/ 34 of the Indian Penal Code and u/s 27 of Arms Act.

As per the FIR, there was a dance programme on the occasion of marriage of the daughter of Santosh Singh where it is alleged that some accused persons in a drunken position opened fire and one of them hit the right thigh of the dancer. She was taken to the hospital for treatment and F.I.R. was lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that a bare perusal of the F.I.R. would show that the bullet fired by Pradhuman Singh hit the Patna High Court CR. MISC. No.15637 of 2023(2) dt.19-05-2023 2/2 informant on her right thigh resulting into injury. Allegation against the petitioner is general and omnibus. Similarly situated accused Prince Singh has already been granted regular bail by a co-ordinate Bench of this court vide order dated 16.12.2022 passed in Cr. Misc. No. 54234/ 2022. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Considering the facts of the case, nature of accusation and clean antecedent of the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara in connection with Koilwar PS case No. 370/ 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/-

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