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Patna High CourtCR. APP (SJ)/1618/2020allowed

Rishikesh Singh @ Manna Singh v. The State Of Bihar

2021-01-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1618 of 2020 Arising Out of PS. Case No.-270 Year-2019 Thana- HASANPUR District- Samastipur ====================================================== Rishikesh Singh @ Manna Singh Son of Shambhu Singh Resident of Village - Hasanpur, Police Station - Hasanpur, District - Samastipur ... Appellant

Versus

The State of Bihar ... Respondent ====================================================== Appearance :

For the Appellant :

Mr.Abhijeet Gautam, Advocate For the Respondent :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2021 Heard learned counsel for the parties.

The present appeal is directed against the order dated 18.2.2020, passed by learned Additional Sessions Judge I cum Special Judge, SC/ST Act, Samastipur in a case registered for the offence punishable under Sections 323/354 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and Section 3 (1) (r) (s)/3(2)(va) of the SC/ST Act, whereby anticipatory bail of the appellant has been rejected. As per the First Information Report, appellant is alleged to have fired upon the informant but it did not hit him. Learned counsel for the appellant submits that the appellant has falsely been implicated in this case. No one has sustained injuries.

Learned counsel for the state on the other hand opposes the prayer for bail.

Patna High Court CR. APP (SJ) No.1618 of 2020(3) dt.12-01-2021 2/2 Having regard to the submissions made by the parties and taking into consideration the materials available on record, this appeal is allowed and the impugned order dated 18.2.2020, is set aside.

Accordingly, in the event of arrest or surrender by the appellant named above, he shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount the satisfaction of Additional Sessions Judge I cum Special Judge SC/ST Act, Samastipur in Hasanpur Police Station Case No. 270 of 2019. (Prabhat Kumar Singh, J) Shashi U T