Anant Singh @ Anant Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14178 of 2016 Arising Out of PS.Case No. -260 Year- 2014 Thana -BARH District- PATNA ====================================================== Anant Singh @ Anant Kumar Singh, Son of late Chandradeep Singh Resident of Village - Nadwan, P.S. - Barh, District - Patna, at present 1 Mal Road, Patna, P.S. - Sachiwalaya, District - Patna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance:
For the Petitioner/s : Mr. Raghubir Chandrayan, Advocate. For the Opposite Party/s : Mr. Mayanand Jha, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.
The petitioner seeks bail in connection with Barh P.S. Case No. 260 of 2014 registered for the offences punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act.
The petitioner has been named in the written statement of the informant Randhir Kumar with allegation that he has caused threat to the mother of the informant to reform his son as he is in the company of Bhola Singh and if he will not leave the company of Bhola Singh, he would be finished. On 12.07.2014, FIR named other accused persons and some
Patna High Court Cr.Misc. No.14178 of 2016 (3) dt.12-05-2016 2/3 unknown dragged Prakash Kumar @ Karu Singh from the Barh market and after bringing him near Saksohra stand, killed him. Submission is of false implication, the case is of the year 2014, the petitioner was not present on the date of occurrence and only on false allegation that earlier he had asked the mother of the deceased to direct his son to leave the company of Bhola Singh he has been implicated, besides that there is no legal and tangible material against the petitioner, during supervision vide para 29, it has specifically come that there is no hand of the petitioner in the crime but thereafter due to political rivalry, the petitioner has also been chargesheeted resulting he is suffering in custody since 22.09.2015. In the supervision note of S.P. also, it has come that Hari Singh shot Prakash Kumar @ Karu Singh causing his death.
The learned APP opposes the prayer of bail by submitting that the hand of the petitioner transpired as conspirator from the call details of mobile of the petitioner and the petitioner has got criminal antecedent as he is involved in 21 cases. In the facts and circumstances stated above considering that earlier no information was given regarding the alleged threats caused by the petitioner to the mother of the
Patna High Court Cr.Misc. No.14178 of 2016 (3) dt.12-05-2016 3/3 deceased and as per the prosecution version, the petitioner was not present at the place of occurrence rather from call details of his mobile, his tower location was at Gardanibagh Patna and, as such, the, above named, petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S. Case No. 260 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Mishra/- U T