Amit Singh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41401 of 2023 Arising Out of PS. Case No.-2 Year-2023 Thana- AZIMABAD District- Bhojpur ====================================================== Amit Singh @ Amit Kumar Son Of Late Badan Singh Resident Of VillageBargaon, Ps- Azimabad, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh Mr. Ranjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 325, 354, 354B, 379, 427, 337, 338, 457, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other co-accused person abused and assaulted the informant's side with weapon, they also tried to outrage the modesty of the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. He further submits that no charges as levelled in the F.I.R. will attract

Patna High Court CR. MISC. No.41401 of 2023(3) dt.22-08-2023 2/2 against the petitioner as the essential ingredients for the alleged offences are not available against the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State and learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) 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 Azimabad P.S. Case No. 02 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T