Shailesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20076 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- SAHPUR District- Patna ====================================================== SHAILESH SINGH S/O Late Ramratan Singh R/O Village- Patlapur, P.SShahpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-12-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Shahpur Police Station Case No. 201 of 2022, disclosing offences under Sections 147, 148, 149, 120(B), 341, 342, 323, 307, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act and later on Section 302, of the Indian Penal Code, was added.

3. As per the prosecution case, on the order of coaccused Himanshu Kumar, Shailesh Singh i.e., petitioner and Suresh Singh, one Uday Kumar fired upon the son of the informant who died subsequently during the course of treatment.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.20076 of 2023(4) dt.13-12-2023 2/2 petitioner is an order giver along with two other persons and the allegation of firing is not there against the petitioner. He next submits that similarly situated accused person, Suresh Singh, has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 51997 of 2022 dated 19.12.2022.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that similarly situated accused person has been granted anticipatory bail by a Co-ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, Shailesh Singh, 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 Additional Chief Judicial Magistrate, Danapur, in connection with Shahpur Police Station Case No. 201 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) HarshPandey/- U