Ashok Kumar Singh @ Ashok Singh @ Sukan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30667 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- GURARU District- Gaya ====================================================== 1.
Ashok Kumar Singh @ Ashok Singh @ Sukan Singh S/O Late Gaya Singh R/O Village- Diha, P.S- Guraru, Distt.- Gaya, Bihar-821118. 2.
Gita Devi W/O Ashok Kumar Singh @ Ashok Singh @ Sukan Singh R/O Village- Diha, P.S- Guraru, Distt.- Gaya, Bihar-821118. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar For the Opposite Party/s :
Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 21-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in connection with Guraru P.S. Case No. 211/2023 registered for the offences punishable under Sections 341/323/504/353/333/354/379/34 of the Indian Penal Code.
3. As per prosecution case, the informant alongwith police officials proceeded to arrest accused Santu Kumar in Guraru P.S. Case No.196/2023 and after returning from arresting the said accused from his house. The petitioners attacked the informant and tried to secure escape of the said accused from clutches of the police, as a result of which the
Patna High Court CR. MISC. No.30667 of 2024(2) dt.21-05-2024 2/3 informant sustained injury on his left eye and back of the neck. It is further alleged that they made an attempt to snatch his service pistol and they also abused and assaulted police personnel namely Pinki Kumari and they fled away after taking advantage of darkness.
4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case just because they are father and mother of the accused Santu Kumar. The petitioners bear no criminal antecedent. He further submits that petitioner no.1 is suffering from cardiological problem and he has submitted medical report of Indira Gandhi Institute of Cardiology dated 31.10.2020. He further submits the petitioners have raised a grievance against the informant regarding progress report of counter case i.e. Guraru P.S. Case No. 195/2023. The petitioners have been falsely implicated in the present case on account of said reason. He further submits that injury report is not available on record as mentioned in the impugned order.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that the petitioners tried to secure the release of his son from the
Patna High Court CR. MISC. No.30667 of 2024(2) dt.21-05-2024 3/3 clutches of the police.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Gaya in connection with Guraru P.S. Case No. 211/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkumar/- U T