Kameshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26027 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- DINARA District- Rohtas ====================================================== KAMESHWAR SINGH Son of Bindeshwari Singh @ Shri Kishun Singh @ Sri Krishna Singh Resident of village - Khalsapur, P.S. - Dinara, 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. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 308, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons went to the land of the informant and started to abuse him. The accused persons claimed the ownership regarding the land and on protest, they assaulted him by means of several weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.26027 of 2023(2) dt.13-07-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The specific allegation is against the co-accused Ravi Singh, Bikash Singh and Bindeshawari Singh. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dinara P.S. Case No.403 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T