Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15371 of 2022 Arising Out of PS. Case No.-723 Year-2020 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== RAHUL SINGH Son of Rabindra Singh Resident of Bhapar, near Gyan Bharti School, P.S.- Barhiya, District- Lakhisarai, the then junior engineer in the Municipality Office Bhabhua, P.S.- Bhabhua, District- Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Jha, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhabhua P.S. Case no. 723 of 2020 instituted for the offence under Sections 328, 307 and 120(B) of the Indian Penal Code.

As per allegation in the FIR, the petitioner has administered poison by way of offering lemon water to the informant with intention to kill him.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From

Patna High Court CR. MISC. No.15371 of 2022(2) dt.11-04-2022 2/2 perusal of the FSL report, which is available with the supplementary affidavit annexed as Annexure-4, it appears that the poison like substance or other Alkaloid could not be deteced. From perusal of the prescription with is annexed with this petition in respect of the treatment of the informant shows that the informant was suffering from dizziness.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhabhua P.S. Case no. 723 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U