Shubham Singh @ Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2077 of 2020 Arising Out of PS. Case No.-457 Year-2018 Thana- HAJIPUR District- Vaishali ====================================================== SHUBHAM SINGH @ SHUBHAM KUMAR Son of Prabhunath Prasad Singh @ Prabhunath Singh Resident of Village- Bagmusa, P.S.- Town (Hazipur), District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Hajipur Town Police Station Case No. 457 of 2018, disclosing offences under Sections 341/379/354-A/365/511/ 504/506/34 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the petitioner, along with other accused persons, accosted the informant and attempted to kidnap her. It has further been alleged that the petitioner has snatched a golden chain from the informant, worth Rs. 30,000/-. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case

Patna High Court CR. MISC. No.2077 of 2020(2) dt.02-03-2020 2/3 inasmuch as there was previous enmity between the parties and the father of the petitioner had lodged an informatory petition no. 1690 of 2018 against the father of the informant. He further submits that the informant is niece of the petitioner and the petitioner has been implicated in this case along with his brother, Rajan Singh. He further submits that the First Information Report has been lodged after a considerable delay inasmuch as the occurrence has allegedly been taken place on 20.05.2018, but the present First Information Report has been lodged on 05.07.2018, i.e. after a delay of about one-and-a-half month.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there appears to be previous enmity between the parties and there is delay in lodging of the First Information Report and the informant happens to be the niece of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.2077 of 2020(2) dt.02-03-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Vaishali, at Hajipur, in connection with Hajipur Town Police Station Case No. 457 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √