Abhay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30759 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== ABHAY KUMAR SINGH son of Ratnesh Singh Village PO- Chainpurwan Ps- Awatarnagar Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shashi Shekhar Tiwary, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2023 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 Autar Nagar P.S. Case No.98 of 2022, registered for offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the IPC.
The allegation is regarding the accused persons having assaulted the informant by means of lathi and rod, after an altercation had taken place in-between them, on account of certain petty dispute, resulting in the informant sustaining grievous injuries.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The
Patna High Court CR. MISC. No.30759 of 2023(2) dt.14-07-2023 2/3 learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, he has not been alleged to have engaged in any sort of specific overt act, hence he is not having any complicity in the matter. It is further submitted that the co-accused persons have already been granted the privilege of anticipatory/regular bail vide orders dated 02.02.2023 and 25.04.2023, passed by co-ordinate Benches of this Court in Cr.Misc. No.71870 of 2022 and Cr.Misc. No.12880 of 2023. 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 parity of the case of the petitioner with that of the co-accused persons, who have already been granted privilege of bail, I deem it fit and proper to admit the 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
Patna High Court CR. MISC. No.30759 of 2023(2) dt.14-07-2023 3/3 learned Session Judge, Saran, in connection with Autar Nagar P.S. Case No.98 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Saurav/- U T