Abhay Kumar Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14583 of 2018 Arising Out of PS.Case No. -284 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ======================================================

1. Abhay Kumar Shahi Son of late Triloki Shahi Resident of Village Balathari, P.S. Kuchaikote, District- Gopalganj ..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Ajay Kumar Thakur, Adv. : Mr. Pravin Kumar, Adv.

For the Opposite Party/s : Mr. Sri Rajballabh Singh, APP. For the Informant : Mr.Ashok Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 302 of the Indian Penal Code.

The allegation of commission of assault with Chaku to the deceased is against co-accused Ashok Shahi, Sanjay Shahi, Niranjan Shahi @ Sonu Shahi and Rishi Shahi.

In the subsequent occurrence, there is allegation against 12 persons including the petitioner of commission of assault and injury to Pravin Shahi and others.

Submission of the learned counsel for the petitioner is that allegation is general and omnibus and coaccused Dibyanshu Singh @ Dipanshu Singh and Manish

Patna High Court Cr.Misc. No.14583 of 2018 (3) dt.29-03-2018 Singh have already been allowed bail by this Court in Cr.Misc.No.10256 of 2018 having similar allegation. Learned counsel for the informant opposed the prayer for bail on the ground that Dibyanshu Singh @ Dipanshu Singh and Manish Singh were not carrying any criminal antecedent, whereas the petitioner has criminal antecedent and six persons have sustained injury. The petitioner is in custody since 18.10.2017. Investigation is already complete.

Considering the aforesaid facts as well as the fact that some other co-accused similarly situated namely Gaurav Singh @ Gourav Singh and Ritesh Rai have already been allowed bail by a Coordinate Bench of this Court in Cr.Misc. No.15142 of 2018 and Cr.Misc.No. 15251 of 2018 respectively, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 21 of 2018 arising out of Kuchaikote Police Station Case No.284 of 2017, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Nitesh/- U T