Abhishek Kumar Singh @ Tinku Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43895 of 2022 Arising Out of PS. Case No.-208 Year-2021 Thana- PANAPUR District- Saran ====================================================== 1.
ABHISHEK KUMAR SINGH @ TINKU SINGH S/o Akhilesh Singh R/o village- Rampur, P.S.- Panapur, District- Saran 2.
JHAMAN SINGH S/o Akhilesh Singh R/o village- Rampur, P.S.- Panapur, District- Saran 3.
KEETU SINGH @ TEETU SINGH A/o Awdhesh Singh R/o villageRampur, P.S.- Panapur, District- Saran 4.
BIPUL SINGH S/o Ajay Singh R/o village- Kondh, P.S.- Panapur, DistrictSaran 5.
AMAN KUMAR SINGH S/o Akhilesh Singh R/o village- Kondh, P.S.- Panapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Adv.
For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offence under Sections 147,148,149,448,323, 324, 307, 435, 427, 504 and 506 of the Indian Penal Code.
The petitioners and others are alleged to have open fire upon the informant and fled away after hurling abuses.
Patna High Court CR. MISC. No.43895 of 2022(2) dt.15-11-2022 2/3 Learned counsel appearing for the petitioners submits that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. He further submits that it appears from the F.I.R. itself that there is general and omnibus allegation against the petitioners and no specific allegation of firing is attributed to them rather the specific allegation of firing is attributed to the coaccused, Alok Singh and Satyaprakash Singh. He further submits that the according to the injury report, which are annexed an Annexures-2 and 3, injuries sustained by the injured are said to be simple in nature. Hence, the petitioners may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.
Considering the facts and circumstances of the case, let the, above named, petitioners in the event of arrest of surrender before the court below within a period of four weeks from the date of order be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Panapur P.S. Case No. 208 of 2021, subject
Patna High Court CR. MISC. No.43895 of 2022(2) dt.15-11-2022 3/3 to the conditions laid down under Section 438(2) of the Cr.P.C. as also with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be canceled by the Court below.
(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) brajesh/- U T