Rakesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39708 of 2024 Arising Out of PS. Case No.-155 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Rakesh Singh S/O Rampraveah Singh R/O VILLAGE- Chhap, P.S.- MIRGANJ, DIST- GOPALGANJ ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mirganj P.S. Case No. 155 of 2023 dated 30.04.2023 registered for the offence punishable under Sections 120B, 147, 148, 149, 341, 323, 307, 337, 338, 353, 427 and 504 of the I.P.C.

3. As per the prosecution case, the petitioner and the co-accused persons along with 100 unknown miscreants are alleged to have identified as being indulged in causing impediment and obstacle in discharge of the duty of police personnel.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.39708 of 2024(2) dt.23-08-2024 2/3 that the petitioner is innocent and has been falsely implicated in this case. There is general and omnibus allegation against the petitioner. It is submitted that the injury sustained by the A.S.I., Yogendra Singh, was found to be simple in nature as annexed as Annexure-2 to the bail application. It is submitted that for the same occurrence, Mirganj P.S. Case No. 153 of 2023 has been lodged by the accused persons in which one Sri Ram Kumar has also sustained simple injury as annexed as Anmexure-P/3-1 to the bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. Similarly situated co-accused have already been granted anticipatory bail by this court vide order dated 11.12.2023 passed in Cr. Misc No. 75305 of 2023.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in

Patna High Court CR. MISC. No.39708 of 2024(2) dt.23-08-2024 3/3 connection with Mirganj P.S. Case No. 155 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T