Shambhu Sharan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53545 of 2021 Arising Out of PS. Case No.-64 Year-2016 Thana- NARHATT District- Nawada ====================================================== SHAMBHU SHARAN SINGH S/o Late Amir Singh R/o village- Daulatpura, P.S.- Sitamarhi, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaishnavi Singh For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Narhat P.S. Case no. 64 of 2016 instituted for the offence under Sections 353, 307, 34 of the Indian Penal Code and later on Sections 147, 148, 149 of the Indian Penal Code. As per allegation in the FIR, some anti-social elements including the petitioner have created hindrance while election process which was going on at Primary School Daulatpur.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. General and

Patna High Court CR. MISC. No.53545 of 2021(2) dt.08-04-2022 2/2 omnibus allegations have been levelled against him. He was only the member of the mob. Injury received by the injured is simple in nature. Similarly situated several accused persons have already been granted privilege of anticipatory bail by another co-ordinate Bench of this Court by order dated 6.4.2017 and 20.4.2017 passed in Cr. Misc. Nos. 13744/17 and 32227 of 2017 respectively.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Narhat P.S. Case no. 64 of 2016, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM-III, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U