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Patna High CourtCR. MISC./6676/2022disposed

Sakindra Singh v. The State Of Bihar

2022-10-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6676 of 2022 Arising Out of PS. Case No.-125 Year-2021 Thana- SIKANDRA District- Jamui ====================================================== 1.

SAKINDRA SINGH SON OF LATE POCHU SINGH R/O VILLAGEKUMAR, P.S.- SIKANDRA, DISTRICT- JAMUI 2.

GULSHAN KUMAR SON OF LATE POCHU SINGH R/O VILLAGEKUMAR, P.S.- SIKANDRA, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioner no. 2 apprehend his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 359, 307, 332, 333, 427, 188 and 120(B) of the Indian Penal Code.

The informant alleges that on 09.05.2021 when he along with other police force were on patrolling duty in connection with arresting of an absconding accused when during the course of patrolling an information was received that one Hyundai car is lying near the house of Ranjit Singh accordingly, the informant reached the place of occurrence for

Patna High Court CR. MISC. No.6676 of 2022(3) dt.14-10-2022 2/3 verifying the said information, further on reaching the place of occurrence they saw the car and started inquiring about the car on which the villagers replied that the car is not of their locality and when the car was going to be seized it is alleged that 12 named accused persons including the petitioner no. 2 along with 30-35 unknown persons came variously armed and attacked the police force and got the said Hyundai car released from police custody and the police vehicle was damaged. Learned counsel for the petitioner no. 2 submits that petitioner no. 2 is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the allegation of assault and pelting stone is general and omnibus in nature. Learned counsel next submits that it absolutely does not stand to reason that how the police came to know the name of the petitioner when admittedly he was not present at the place of occurrence.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner no. 2.

Considering the submissions made by the learned counsel for the petitioner no. 2, the petitioner Gulshan Kumar, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.6676 of 2022(3) dt.14-10-2022 3/3 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sikandra P.S. Case No. 125 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T