Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3894 of 2022 Arising Out of PS. Case No.-241 Year-2021 Thana- SINGHESHWAR District- Madhepura ====================================================== ABHISHEK KUMAR Son of Domi Sah @ Ram narayan Sah Resident of Village -Jajhat Sabaila, P.s.- Singheshwar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Singheshwar P.S. Case no. 241 of 2021 instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 307, 353, 332, 333, 427, 504, 188 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging their official duty . Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner has been falsely implicated in this case by the

Patna High Court CR. MISC. No.3894 of 2022(2) dt.02-08-2022 2/2 co-villagers due to enmity as his mother is a Mukhiya Candidate. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Singheshwar P.S. Case no. 241 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U