Patna High CourtCR. MISC./8407/2024bail granted

Anand Kumar @ Dablu Singh @ Dablu v. The State Of Bihar

2024-03-11Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8407 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Anand Kumar @ Dablu Singh @ Dablu S/o Ramchandra Roy R/o Vill - Tira Jathmalpur, P.S. - Kalyanpur, Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Samastipur Town P.S. Case No. 227 of 2023 dated 26.08.2023 registered for the offences punishable u/ss 324, 326, 307, 120B read with section 34 of the Indian Penal Code and u/ss 25(1-B)A, 26, 27, 35 of the Arms Act.

3. As per the prosecution case, the deputed constables were bringing the accused persons of different cases for appearance in the court, in the meantime, some culprits started firing which hit two of the accused persons due to which they sustained injuries.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.8407 of 2024(4) dt.11-03-2024 2/3 that the petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of the investigation. Nothing has been recovered from the possession of the petitioner. Similarly situated co-accused has already been granted anticipatory bail by this Court vide order dated 26.02.2024 passed in Cr. Misc. No. 7678 of 2024. The petitioner has seven other criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Samastipur Town P.S. Case No. 227 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.8407 of 2024(4) dt.11-03-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T