Patna High CourtCR. MISC./45381/2024bail granted

Kewal Kishore Singh @ Kewal Kishore v. The State Of Bihar

2024-08-19Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45381 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- JAGDISHPUR District- Bhagalpur ====================================================== KEWAL KISHORE SINGH @ KEWAL KISHORE SON OF BASUDEV PRASAD SINGH RESIDENCE/VILLAGE- KANKAITHI, P.S.- JAGDISHPUR, DISTT.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mrs.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-08-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No. 92/ 2024 dated 19.03.2024 registered for the offence(s) punishable under Section(s) 147, 148, 149, 188, 353, 307, 379, 411, 504, 506 of the Indian Penal Code, section 56 of BMMC Rules, 2019 and section 27 of the Arms Act.

3. Mr. Rajive Ranjan Singh, learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name has transpired in this case from the statement of apprehended co-accused, Dhananjay Kumar and from bare perusal of the F.I.R. it appears that there is no specific allegation against this petitioner and no case under section 307 of the IPC is made out against him. It is further submitted that there is no

Patna High Court CR. MISC. No.45381 of 2024(2) dt.19-08-2024 2/2 allegation of transporting illegal sand against this petitioner and he has been falsely implicated in this case.

4. Mrs. Madhuri Lata, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the facts and circumstances of this case as well as submissions mentioned above and the nature of allegation appearing against this petitioner from the F.I.R. coupled with the fact that in the F.I.R. there is no specific allegation against this petitioner and as per statement made in paragraph 4 of the petition the name of this petitioner surfaced in the statement of apprehended co-accused, Dhananjay Kumar, in my opinion, it is a fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Jagdishpur P.S. Case No. 92/ 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T