Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45239 of 2023 Arising Out of PS. Case No.-634 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ABHISHEK KUMAR SINGH S/O DHANESHWAR SINGH R/O VillageDahiyawan Tola, Tandi, P.S- Chapra Muffasil, Distt.- Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-08-2023 1.

Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2.

This is an application for grant of anticipatory bail in connection with Chapra Muffasil PS case no. 634 of 2022, registered for the offences punishable under Section 308 and other allied sections of the Indian Penal Code. 3.

It is alleged that the informant, who is working at Tata Motors, was assaulted by the petitioner on the alleged date and time of occurrence, when the petitioner had arrived there with one co-accused person and asked the informant as to whether his vehicle was ready or not, to which the informant had stated that he would take sometime to deliver his vehicle. 4.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the

Patna High Court CR. MISC. No.45239 of 2023(2) dt.04-08-2023 2/3 present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the injuries found on the person of the informant are simple in nature, hence, a superfluous sort of allegation has been levelled qua the petitioner herein, as such, the petitioner be granted the privilege of anticipatory bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the injuries sustained by the informant, attributable to the petitioner herein, are simple in nature and moreover, the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

7.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.45239 of 2023(2) dt.04-08-2023 3/3 learned court of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil PS case no. 634 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T