Rakesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39761 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- AGRER District- Rohtas ====================================================== RAKESH KUMAR SINGH S/o Ayodhya Singh R/o Village- Mokar, P.S.- Agrer, District- Rohtas. At present Lane Number-1, Gaurakshini Gajrah, Ward No. -4, District- Rohtas, Mob No. - 7909004198. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. A supplementary affidavit has been filed on behalf of the petitioner. Same be kept on the record.

The petitioner is apprehending his arrest in connection with Agrer P.S. case No.39/20 registered under Sections 147, 148, 149, 307, 323, 341, 354, 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

Allegation is that the accused persons including the petitioner abused the informant. Co-accused Brajesh Pandey

Patna High Court CR. MISC. No.39761 of 2020(2) dt.21-09-2021 2/3 fired at informant's son, due to which he sustained grievous injury and fell down and co-accused Ayodhya Singh also fired upon informant's son. The informant's son was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioner. Specific allegation is alleged against the co-accused Brajesh Pandey and Ayodhya Singh.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned C.J.M., Rohtas at Sasaram in connection with Agrer P.S. case No.39/20, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.39761 of 2020(2) dt.21-09-2021 3/3 furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T