Abhishek Singh @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9508 of 2020 Arising Out of PS. Case No.-83 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== ABHISHEK SINGH @ ABHISHEK KUMAR Son of Pramod Kumar Singh @ Pramod Singh Resident of Sahri Barh RS, P.S.- Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha For the Opposite Party/s :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bakhtiyarpur (Barh) Rail Police Station Case No. 83 of 2019, disclosing offences under Sections 147, 148, 149, 427, 353 of the Indian Penal Code, Section 27 of the Arms Act and Sections 141/152 156 of the Railway Act.

The petitioner is not named in the First Information Report.

The prosecution story is that a train was stopped near Sahari Halt over bridge and 10-12 unknown persons started pelting stones on the train and they also fired upon the police personnel and there was exchange of firing between the

Patna High Court CR. MISC. No.9508 of 2020(2) dt.04-03-2020 2/3 miscreants and the police party.

Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and the name of the petitioner has come on the basis of the confessional statement of co-accused Sunny Kumar. She, referring to Annexure-2, submits that similarly situated co-accused person, Rajeev Kumar Yadav, has been granted anticipatory bail by this Court by order, dated 05.12.2019, passed in Criminal Misc. No. 79839 of 2019.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated co-accused person has 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, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Railway Judicial Magistrate, Patna, in connection with Bakhtiyarpur (Barh) Rail Police Station Case No. 83 of 2019, subject to the condition laid down under

Patna High Court CR. MISC. No.9508 of 2020(2) dt.04-03-2020 3/3 Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √