Priyesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22197 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- AMARPUR District- Banka ====================================================== DEEPAK KUMAR SINGH Son of Ajit Kumar Singh Resident of Village - Bhitiya, P.S.- Fullidumar, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35387 of 2023 Arising Out of PS. Case No.-547 Year-2022 Thana- AMARPUR District- Banka ====================================================== 1.
PRIYESH KUMAR SINGH S/O DAYA SHANKAR SINGH R/O VillageBhitiya, P.S.-Fullidumar, Dist.-Banka 2.
PRABHASH SINGH S/O LATE ANDOLAN SINGH R/O Village- Bhitiya, P.S.-Fullidumar, Dist.-Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 22197 of 2023) For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Shantanu Kumar (In CRIMINAL MISCELLANEOUS No. 35387 of 2023) For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 As both these bail applications have cropped up from the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.
2. Heard learned counsel for the petitioners and learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.22197 of 2023(3) dt.20-07-2023 2/3 registered for the offences punishable under Sections 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.
4. As per the prosecution case, the petitioners along with other co-accused persons is said to have demand extortion money from the informant and when the informant refused to give the same, then they assaulted the informant and his family members.
5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties, both sides have sustained injury, the injury upon the petitioners' side is grievous in nature. The petitioner in Cr. Misc. No. 22197 of 2023 has got one criminal antecedent and the petitioners in Cr. Misc. No. 35387 of 2023 i.e. the petitioner no. 1 has no criminal antecedent and petitioner no. 2 has three criminal antecedents as mentioned in para-3 of this application.
6. Learned APP for the State opposes prayer for anticipatory bail.
7. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named
Patna High Court CR. MISC. No.22197 of 2023(3) dt.20-07-2023 3/3 petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Amarpur (Fullidumar) P.S. Case No.547 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T