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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41745 of 2025 Arising Out of PS. Case No.-49 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== Abhishek Kumar Singh @ Abhishek Kumar S/o Pushpendra Kumar Singh R/o Village-Agwani, P.S.- Parbatta, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-10-2025 Heard Mr. Vivekanand Singh, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Parbatta P.S. Case No. 49 of 2024 instituted under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code and 27 of the Arms Act lodged on 05.02.2024 by the informant, Aman Kumar Singh.

3. As per the prosecution story, the informant alleged that both the sides are agnates, issues are there between the families, in that background, being the aggressor, they assaulted the informant's side. The allegation is that Pushpendra Kumar Singh opened fire causing injury on the chest of the informant while others including this petitioner had pistol in their hand and two of them opened fire causing injury on the hand of the said

2/4 informant. The informant was rushed to the Primary Health Center, then to the Mayaganj Hospital and finally to emergency hospital, Patna. This led to the FIR.

4. Learned counsel for the petitioner submits that he is a young boy of 22 years, a student of Dr. Ram Manohar Lohia Avadh University, Ayodhya (U.P.), the main allegation is against Pushpendra Kumar Singh of causing injury on the chest of the informant, omnibus allegation has been made against all the accused persons. It is further submitted that there is counter version also to the present case lodged by the accused side.

5. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs.10,000/- (ten thousand) through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the concerned Court to be handed over to the informant after checking the credential.

6. Learned APP opposes the prayer submitting that he has criminal antecedent and though omnibus allegation has been attributed against all the accused persons, he was carrying pistol.

7. Considering the submissions of the parties as also

3/4 that the main allegation of opening fire causing injury on the chest of the informant is on Pushpendra Kumar Singh, omnibus allegation is against other accused persons including this petitioner, he is 22 years old boy, pursuing studies in a reputed University, FIR is there, it has been undertaken that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.10,000/- (ten thousand) through Demand Draft issued by the local branch State Bank of India/any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant after checking the credential.

8. Let the petitioner be released on bail, in the event of his arrest or surrender before the concerned court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Parbatta P.S. Case No. 49 of 2024 to the satisfaction of learned A.C.J.M.-1st, Khagaria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official

4/4 document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iv) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (v) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(vi) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T