Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25413 of 2017 Arising Out of PS.Case No. -330 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Ajay Kumar Singh Son of Yogendra Singh, Resident of Village-Sipah, P.S.- Basantpur, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh For the State : Mr. Ram Naresh Ray For the Informant : Mr. Narendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-07-2017 Heard learned Counsel for the petitioner, learned Counsel representing the informant and learned Additional Public Prosecutor appearing on behalf of the State of Bihar.

This application, for grant of anticipatory bail, arises out of Mufassil Police Station Case No. 330 of 2016, disclosing offences under Sections 341/323/324/326/307/ 447/504/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that similar circumstanced accused persons, namely, Umesh Singh, Bhanu Singh and Mala Devi, have been allowed anticipatory bail by learned Additional Sessions Judge VI, Saran, at Chapra; whereas the case of

Patna High Court Cr.Misc. No.25413 of 2017 (2) dt.06-07-2017 2/3 the petitioner has been rejected on incorrect reasoning. Learned Counsel appearing on behalf of the informant has failed to distinguish the case of the petitioner with others, who have been granted anticipatory bail, though he has submitted that considering the seriousness of the offence, the petitioner does not deserve anticipatory bail.

However, in the facts and circumstances of the case, a case for grant of anticipatory bail is made out. This application is, accordingly, allowed.

Let the petitioner, Ajay Kumar Singh, in the event of his arrest or surrender before the Court below within six weeks, be released 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, Saran, at Chapra, in connection with Mufassil Police Station Case No. 330 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.25413 of 2017 (2) dt.06-07-2017 3/3 cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √