Uma Shankar Singh @ Uma Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22613 of 2025 Arising Out of PS. Case No.-12 Year-2017 Thana- DIDARGANJ District- Patna ====================================================== Uma Shankar Singh @ Uma Shankar S/o- Madhusudan Singh @ Chhkouri Singh Resident of Fatehpur P.S- Didarganj, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar, Adv.

For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-05-2025 Heard the parties.

2.The petitioner is not named in the F.I.R. and apprehending his arrest in connection with Didarganj P.S. Case No. 12 of 2017 registered for the offences punishable under Sections 147, 148, 149, 447, 323, 324, 307 of the Indian Penal Code and 27 of Arms Act.

3. The allegation against petitioner is to assault informant and others along with named co-accused persons by using lathi, rod, etc. causing head and bodily injury having intention to cause their death.

4. It is submitted by learned counsel

2/4 appearing on behalf of the petitioner that occurrence appears free fight in nature where both parties received injuries for which petitioner also lodged a case against informant and others which was registered as Didarganj P.S. Case No. 01 of 2017. It is pointed out that the informant is the injured eye witness but could not name this petitioner while lodging FIR and as a matter of afterthought during the course of investigation after 6 (Six) months named this petitioner. It is submitted that the named accused persons of FIR was granted anticipatory bail by one of the learned Coordinate Bench of this Court through Cr. Misc. No. 62814 of 2017 dated 30.01.2018 and, therefore, judicial parity demands that this petitioner also deserve anticipatory bail. While concluding arguments, it is submitted that petitioner found involved in one more criminal case, where he is on bail.

5. Learned APP, opposed the prayer of

3/4 bail.

6. In view of aforesaid facts and circumstances and by taking note of fact as the injured eye witness failed to name petitioner while lodging FIR, where even during course of investigation no specific over tact appears attributed against petitioner, coupled with the fact that other similarly situated co-accused persons, who are named in FIR have been granted anticipatory bail, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks of this order, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Patna City /concerned Court, where the case is pending in connection with Didarganj P.S. Case No. 12 of 2017, subject to the conditions as laid down under Section 482(2) of BNSS.

4/4 (Chandra Shekhar Jha, J) Sudha/- U T