Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6049 of 2023 Arising Out of PS. Case No.-514 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== ANIL SINGH Son of Indramani Singh R/V- Keshopur P.S- Barhara DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Barhara Police Station Case No. 514 of 2022, dated 12.07.2022, disclosing offences under Sections 147/148/149/ 341/323/307/353/337/338/332/333/427/436/504 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that a fight between villagers of two villages started and 43 named accused persons and 20-23 unknown persons pelted stones, set shops of the other villagers on fire, indulged in rioting, due to which the villagers as well as police personnel, who were trying to pacify the matter, were injured. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.6049 of 2023(2) dt.17-05-2023 2/3 petitioner has falsely been implicated in this case on the basis of the disclosure of his name by the chowkidar with oblique motive. He further submits that the petitioner has got no criminal antecedent and the allegation against him is general and omnibus in nature. He next submits that similarly situated co-accused persons, namely, Anil Singh, Vishal Singh and Chhotu Singh (by order, dated 17.03.2023, passed in Criminal Misc. No. 3436 of 2023) and Satyendra Rai (by order, dated 08.05.2023, passed in Criminal Misc. No. 7549 of 2023), have been granted anticipatory bail by a co-ordinate Bench of this Court.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that similarly situated co-accused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, Anil Singh, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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

Patna High Court CR. MISC. No.6049 of 2023(2) dt.17-05-2023 3/3 Magistrate, Bhojpur, at Ara, in connection with Barhara Police Station Case No. 514 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √