Krishna Kumar Singh @ Krishn Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8431 of 2024 Arising Out of PS. Case No.-97 Year-2011 Thana- TAJPUR District- Samastipur ====================================================== Krishna Kumar Singh @ Krishn Kumar Singh Son of Ramashish Singh Resident of ward No. - 06, Ababakarpur, P.S.-Tajpur (Bangara), DistrictSamastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, APP For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 427, 435, 436 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of setting on fire the measurement center of the informant. It is next submitted that the police after investigation submitted charge sheet under sections 147, 427 and 435 of the Indian Penal Code, which amply demonstrates that nothing during the
Patna High Court CR. MISC. No.8431 of 2024(2) dt.04-03-2024 2/3 course of investigation transpired which could attract section 436 of the Indian Penal Code but the learned Magistrate differing with the police report in a mechanical manner took cognizance of the offence under sections 147, 427, 435 and 436 of the Indian Penal Code. It is further submitted that even presuming what has been alleged is true without admitting then from perusal of the allegation as alleged in the F.I.R. it would manifest that the allegations are based on surmises and conjecture and informant is not an eyewitness to the occurrence. It is also submitted that co-accused Deepar Kumar Singh has been granted the privilege of anticipatory bail by an order dated 19.02.2024 in Cr. Misc. No.4697 of 2024.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Tajpur (Bangra) P.S. Case No.97 of
Patna High Court CR. MISC. No.8431 of 2024(2) dt.04-03-2024 3/3 2011, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
6. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T