Nishant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 17017 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- DINARA District- Rohtas ====================================================== 1.
NISHANT SINGH Son of Gopal Singh Resident of Village - Kund, P.S.- Dinara (Bhanas O.P.), Distt - Rohtas.
2.
Anil Singh @ Bablu Singh Son of Kanchan Singh Resident of Village - Kund, P.S.- Dinara (Bhanas O.P.), Distt - Rohtas. 3.
Anjan Singh @ Bhuar Singh Son of Kanchan Singh Resident of Village - Kund, P.S.- Dinara (Bhanas O.P.), Distt - Rohtas. 4.
Divya Prakash Singh @ Dimple Singh Son of Kanchan Singh Resident of Village - Kund, P.S.- Dinara (Bhanas O.P.), Distt - Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nagendra Upadhyay For the Opposite Party/s :
Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-08-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioners and Sri Ashok Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Dinara (Bhanas) PS case no. 281 of 2019 registered for the offences punishable under Sections 341, 323, 504, 506/34 of Indian Penal Code and 27 of Arms Act. The allegation is regarding the accused persons
Patna High Court CR. MISC. No. 17017 of 2020(2) dt.28-08-2020 2/3 including the petitioners herein having arrived at the house of the informant, whereafter they started abusing the informant and when the informant objected to the same, the co-accused person namely Bablu Singh had pushed the informant as also fired upon him and thereafter, the accused persons had fled away as the villagers had arrived there.
The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case and are having clean antecedent. It is further submitted that as far as the petitioners are concerned, there is no allegation of any sort of overt act and the allegation levelled by the informant is only against the co-accused person Bablu Singh. It is thus submitted that the petitioners are liable to be granted anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioners and taking into account the fact that no specific allegation of any sort of overt act has been levelled against the petitioners herein and they are having clean antecedent, I deem it fit and appropriate to admit the petitioners to the privilege of anticipatory bail. Accordingly, the abovenamed petitioners, in the event of their arrest or surrender before the court below
Patna High Court CR. MISC. No. 17017 of 2020(2) dt.28-08-2020 3/3 within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bikramganj (Rohtas) in connection with Dinara (Bhanas) PS case no. 281 of 2019 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T