Abhishek Kumar Singh @ Amrit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41531 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Dhobaha District- Bhojpur ====================================================== Abhishek Kumar Singh @ Amrit Kumar Singh S/o Bijendra Kumar Singh R/o Village-Behra, P.S.- Dhobha, District-Bhojpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dhobha P.S. Case No.2 of 2024, instituted under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 05.03.2024 at about 8.00 p.m. cousins of informant had gone to talk on some issues to the door of Bijendra Singh who had called them, Aakash Kumar Singh and the petitioner both are son of Bijendra Kumar Singh who were ambushed there and attacked on them by means of lathi and danda and assaulted on their head causing injury for which they had been treated at Sadar hospital.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. He further submits that there is case

Patna High Court CR. MISC. No.41531 of 2024(3) dt.18-09-2024 2/2 and counter case between the parties and both the parties got injuries. Learned counsel submits that both the parties are next door Gotiya and the dispute relates to flowing of drain from the house side of petitioner. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Dhobha P.S. Case No.2 of 2024, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/-Siwani/- U T