Shaheb Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42404 of 2019 Arising Out of PS. Case No.-200 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== SHAHEB SINGH Son of Sri Amar Prasad Singh Resident of Mohalla - Madhya Tola, Panchgachhiya, Ward No. 11, P.S.- Bihra, District- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ashok Kumar Singh Son of Shri Dharmraj Singh Resident of Shanti Kunj, Ashok Vihar, Biscoman Bhawan, P.S.- Alamganj, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Gandhi Maidan Police Station Case No. 200 of 2017 disclosing offences under Sections 409/420/387/468/34 of the Indian Penal Code.

The allegation against the petitioner is that the informant is the Managing Director of Amul Feed Pvt. Ltd. Company, dealing in fodder for poultry. The allegation against the petitioner is that the petitioner is the brother of co-accused Suman Kumar Singh, who owes a sum of Rs. 85,00,000/- to the informant against the supply of poultry feed and on the date of

Patna High Court CR. MISC. No.42404 of 2019(2) dt.09-07-2019 2/3 occurrence, Suman Kumar Singh stopped the informant and threatened the informant of dire consequences and while the informant was being threatened, this petitioner was also there and was talking with his brother Suman Kumar Singh to kill the informant.

Learned Counsel for the petitioner submits that there is no specific allegation against the petitioner inasmuch as the petitioner is also a dealer of fodder feed for the cow and his brother has some business dealings with the informant. He further submits that there is some dispute between the brother of the petitioner and the informant, pertaining to purchase of poultry feed and some outstanding amount is there between the informant and his brother. The petitioner has falsely been implicated in this case with oblique motive.

After having heard learned Counsel for the parties and taking into consideration the fact that there is no specific allegation of assault, conspiracy or threatening against the petitioner, this application is allowed.

Let the petitioner, Shaheb Singh @ Saheb Singh, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.42404 of 2019(2) dt.09-07-2019 3/3 each to the satisfaction of Sri Ashok Kumar Singh, learned Judicial Magistrate, 1st Class, Patna, in connection with Gandhi Maidan Police Station Case No. 200 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √