Patna High CourtCR. MISC./23397/2021bail granted

Abhishek Singh v. The State Of Bihar

2022-05-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23397 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

ABHISHEK SINGH S/O NAWAL KISHORE SINGH R/o village- Simra, P.S.- Risiup, District- Aurangabad 2.

ANAND KUMAR S/O SATYENDRA SINGH R/o village- Chakua, P.S.- Kutumba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard Mr. Krishna Prasad Singh, the learned senior Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Kutumba P.S. Case No. 161/2020 instituted for the offences under Sections 307, 323, 341, 506, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act. Both the petitioners are alleged to have fired from their weapon in order to scare away the informant and his associate. Nobody has been injured in the occurrence. The accusation is stated to be false. The petitioners do not have criminal antecedents and are not expected to coerce the informant or his associate to make them partners in any

Patna High Court CR. MISC. No.23397 of 2021(2) dt.24-05-2022 2/2 enterprise that they are pursuing.

There is a counter version of the occurrence also lodged by petitioner no. 1 vide Kutumba P.S. Case No. 160 of 2020.

Considering the futility of continuing with the litigation, the informant has chosen to compound the case with the petitioners.

Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Kutumba P.S. Case No. 161/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T