Abhishek Kumar Singh @ Abhishek Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12180 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- SUPPI District- Sitamarhi ====================================================== Abhishek Kumar Singh @ Abhishek Raj S/o- Sri Sunil Singh R/o- Village Gamharia, P.S. - Suppi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-08-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Suppi P.S. Case no. 17 of 2020 registered under section 307 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, the informant states that the petitioner came on a motorcycle, asked for a cigarette and on the informant asking for the price of cigarette, the petitioner is stated to have fired on him and went away. It is further stated that the informant fell down unconscious.

It is submitted by learned counsel for the petitioner that the allegation as levelled in the FIR are false and incorrect.

Patna High Court CR. MISC. No.12180 of 2020(3) dt.28-08-2020 2/3 The petitioner has been falsely implicated in the case for the reason that he had been opposing the criminal activity of the informant. It is further submitted that admittedly from the FIR as also in course of investigation, no injury whatsoever is stated to have been caused to the informant although the allegation is that as a result of firing the bullet went through the jacket making hole therein. It is submitted that the petitioner has no criminal antecedent and is a student of BA 2nd year in Raghunath Jha College, Samastipur.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the fact that no injury is stated to have been cased to the informant, the petitioner being a student having no criminal antecedent, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Suppi P.S. Case no. 17 of 2020, he will be enlarged 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 Chief Judicial Magistrate, Sitamarhi

Patna High Court CR. MISC. No.12180 of 2020(3) dt.28-08-2020 3/3 subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Prakash/- U