Abhishek Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1120 of 2025 Arising Out of PS. Case No.-605 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Abhishek Singh Son of Abhay Singh Resident of Mohalla - Gaurakshani, Ward No. 12, Gali No. 11, P.S. - Sasaram (T), District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shivanand Singh, Advocate For the State :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 127(1), 115(2), 109 and 3(5) of the B.N.S. and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. The prosecution case, in brief, is that on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, were standing at Durga Mandir and asked the informant to come there for a talk regarding an old land dispute. It is further alleged that when the informant along with his brother Ankit Pandey, went there, in the meanwhile co-accused Abhimanyu Singh and Ramashu Singh fired upon them, as a result of which one of the bullets hit
Patna High Court CR. MISC. No.1120 of 2025(3) dt.18-04-2025 2/3 above the waist of the brother of the informant, Ankit Pandey.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that it was coaccused Abhimanyu Singh and Ramashu Singh who fired as a result of which one of the bullets hit above the waist of the brother of the informant, namely Ankit Pandey. Co-accused Abhimanyu Singh, who is alleged to have fired causing fire arm injury to Ankit Pandey has already been granted privilege of anticipatory bail by this Hon'ble Court vide order dated 27.01.2025 passed in Cr. Misc. No. 83959 of 2024. There are general and omnibus allegations against this petitioner and there is no specific accusation of overt act or firing against this petitioner. Charge-sheet has already been submitted that the petitioner is in custody since 04.12.2024. Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, rival submissions, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is
Patna High Court CR. MISC. No.1120 of 2025(3) dt.18-04-2025 3/3 allowed.
7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, DistrictRohtas at Sasaram in connection with Sasaram (T) P.S. Case No. 605 of 2024.
(Prabhat Kumar Singh, J) shashank/- U T