Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17484 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

Abhay Singh S/O Late Upendra Singh R/O Village- Chandrma, P.S- Sajour, Distt.- Bhagalpur.

2.

Nunu Singh @ Manoranjan Kumar Singh S/O Late Upendra Singh R/O Village- Chandrma, P.S- Sajour, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-04-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The petitioners have preferred this application for grant of anticipatory bail in connection with Shahkund (Sajour O.P.) P.S. Case No. 514 of 2023 dated 28.11.2023 for the offences punishable under Sections 341, 342, 323, 386, 307, 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per prosecution case, the petitioners and other co-accused persons are alleged to have assaulted the informant and opened fire which hit his head.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have no criminal

Patna High Court CR. MISC. No.17484 of 2024(2) dt.20-04-2024 2/2 antecedent as mentioned in para 3 of the bail petition. There is no specific allegation against the petitioners of firing. The injury is found to be simple in nature. The specific allegation of firing is against the co-accused Lalo Singh.

5. Learned APP for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of injury is found to be simple in nature, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhagalpur in connection with Shahkund (Sajour O.P.) P.S. Case No. 514 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T