Sangam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19642 of 2023 Arising Out of PS. Case No.-180 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Sangam Kumar, S/O Radheyshayam Chauhan @ Hari Bind, Resident of Village- Ram Lakhan Singh Colony, P.S.- Paliganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Bihari Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 14-06-2023 Heard Mr. Rakesh Bihari Singh, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Paliganj P.S. Case No. 180 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation has been made that the petitioner along with other accused persons named in the F.I.R. assaulted the informant by means of knife and iron rod.

It is submitted on behalf of the petitioner that there is no specific allegation of any overt act against the petitioner, rather general and omnibus allegation has been levelled against

Patna High Court CR. MISC. No.19642 of 2023(2) dt.14-06-2023 2/3 him. He further submits that the specific allegation has been levelled against co-accused Akash Kumar, Raja Kumar and Golu Kumar. Further submission has been made that co-accused Bittu Kumar, against whom similar allegation has been levelled, has been allowed the privilege of anticipatory bail vide order dated 19.01.2023, passed in Cr. Misc. No. 67785 of 2022. The petitioner has got clean antecedent and he undertakes that he will fully cooperate in the investigation and will not indulge in intimidating the informant/witnesses.

On the other hand, learned counsel for the State opposed the bail application and submits that the petitioner was also present at the place of occurrence and his complicity cannot be denied.

Regard being had to the submissions made on behalf of the parties and considering the fact that co-accused person, having identical allegation, has been allowed the privilege of anticipatory bail by the learned coordinate Bench of this Court, apart from the fact that there is delay of three days in lodging the F.I.R., coupled with the fair antecedent of the petitioner, let the petitioner, above named be, released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.19642 of 2023(2) dt.14-06-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 180 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C.

(Harish Kumar, J) uday/- U T