Abhimanyu Singh @ Abhimanu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10413 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- AANDAR District- Siwan ====================================================== Abhimanyu Singh @ Abhimanu Singh Son of Late Jai Prakash Singh Resident of Village - Dharampur, P.s.- Andar, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Singh, Sr. Advocate Mr.Yash Singh, Advocate Mr.Tej Pratap Singh, Advocate Mr.Shankar Kumar Thakur, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-09-2022 Heard learned senior counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Andar P.S. Case No. 179 of 2021 registered for the offence under Sections 307, 506 and 34 of the Indian Penal Code and 27 of the Arms Act.

The accused/petitioner is named in the F.I.R. and is in custody since 24.09.2021.

The allegation against the petitioner is to open fire

Patna High Court CR. MISC. No.10413 of 2022(6) dt.27-09-2022 2/3 upon informant/injured, causing fire arms injury, having intention to cause death.

Learned senior counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case for the reason that petitioner and informant both were in inimical terms due to longstanding local political differences arises out of panchayat election. It is submitted that firing was on non-vital parts and not repeated without intervening circumstances, clearly negating intention to cause death. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposing the prayer of bail submitted that allegation of firing is specific against this petitioner. Considering the facts and circumstances as mentioned above and also considering the custody period of the petitioner, in the background of local political rivalry coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Andar P.S. Case No. 179 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.10413 of 2022(6) dt.27-09-2022 3/3 like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IXth, Siwan/concerned court, subject to the following conditions:

(ii) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Abhishek Kumar Ray, who is the Cousin brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) R.S.Sen/- U T