Akash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29656 of 2022 Arising Out of PS. Case No.-984 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

AKASH SINGH Son of Amrendra Kumar Singh @ Guddu Singh Resident of Village - Sadpur, Police Station- Banka, District - Banka. 2.

Prem Kumar Singh Son of Late Pankaj Singh Resident of Village - Sadpur, Police Station- Banka, District - Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through the virtual Court proceedings. Let the defect(s), if any, be removed within a period of four weeks.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 506, 385, 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that petitioner no. 1 is a person with clean antecedent and is a young boy of 19 years of age and petitioner no. 2 has antecedent of one case.

The informant alleges that on 11.12.2021, the accused persons including the petitioners came and Guddu Singh and

Patna High Court CR. MISC. No.29656 of 2022(2) dt.18-11-2022 2/3 Shivdani Singh assaulted the brother and father of the informant with the butt of the musket causing injury on the head. Further, petitioners and others fired when the informant and his uncle intervened and petitioner no. 2 snatched golden chain of the brother of the informant and Guddu Singh took Rs.6,000/- from the pocket of the father of the informant.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from perusal of the allegation, as alleged in the FIR, it would manifest that there is no specific allegation against petitioner no. 1. It is next submitted that as far as petitioner no. 2 is concerned, the allegation against him of snatching golden chain is ornamental in nature. It is also submitted that if based on such general and omnibus allegation, the petitioner no. 1 is sent to jail, his entire career would be jeopardized and there are chances upright that he may come in contact with the hardened criminals.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.29656 of 2022(2) dt.18-11-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each 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 Banka P.S. Case No. 984 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T