Balram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25867 of 2023 Arising Out of PS. Case No.-180 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== BALRAM SINGH Son of Kailash Singh @ Kailu Singh R/V- Sahajadpur PSShahkund, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Adv.

For the Opposite Party/s :

Mrs.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Shahkund P.S. Case No.180 of 2021, registered for offences under Sections 341, 323, 306, 504, 506 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons, including the petitioner herein, having assaulted the informant with sword and knife resulting in the informant sustaining grievous injuries.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has

Patna High Court CR. MISC. No.25867 of 2023(2) dt.07-07-2023 2/3 been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is an accused in one another case, but he is on bail in the said case. The learned counsel for the petitioner has also submitted that police, upon investigation, has filed chargesheet against the co-accused person, namely, Kailash Singh and as far as the petitioner is concerned, he was found to be innocent, nonetheless, the learned Trial Court has differed and taken cognizance against the petitioner as well, for the offences alleged, thus prima facie the petitioner is innocent, hence he be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the police has submitted a final form qua the petitioner herein, upon investigation, finding him to be innocent, I deem it fit and proper to admit the

Patna High Court CR. MISC. No.25867 of 2023(2) dt.07-07-2023 3/3 petitioner to the privilege of anticipatory bail. Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bhagalpur in connection with Shahkund P.S. Case No.180 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) sonal/- U T