Nikki Singh @ Nikalesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11860 of 2023 Arising Out of PS. Case No.-325 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== NIKKI SINGH @ NIKALESH KUMAR SINGH SON OF BALIRAM SINGH R/O VILLAGE- SHAHPUR, P.S.- SHAHPUR, DISTRICTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 307, 504, 506 of the Indian Penal Code and 27 of Arms Act. Allegedly, the petitioner alongwith other co-accused persons assaulted the informant and also abused him. Coaccused Krishna Kumar and Gulshan Kumar made firing upon the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.11860 of 2023(2) dt.27-04-2023 2/2 omnibus in nature. He submits that there is no specific overt act against the petitioner. The specific allegation is against coaccused Krishna Kumar and Gulshan Kumar to fire upon the informant but the injuries are found to be simple in nature. Petitioner is only a member of mob. Petitioner has five criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Shahpur P.S. Case No.325 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T