Amarnath Singh @ Dablu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45499 of 2022 Arising Out of PS. Case No.-585 Year-2020 Thana- ARA NAGAR District- Bhojpur ====================================================== AMARNATH SINGH @ DABLU SINGH Son of Ramesh Singh Resident of Muhalla - Babu Bazar, P.S.- Ara Town, District - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nitu Kumari, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, A.P.P.
For the Informant :
Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that his friend Rishant Singh asked him to send his Ford Endeavour which is registered in the name of his wife for taking mother of Rishant Singh to the hospital. Accordingly, the informant sent the car with his driver, but the brother of Rishant Singh, namely, Amar Nath Singh (petitioner) and cousin brother Ravi along with Jitendra Kumar
Patna High Court CR. MISC. No.45499 of 2022(2) dt.20-09-2022 2/3 have kept the car forcefully and not returning back to the informant.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. He further submits that informant and Rishant Singh are friends and it was Rishant Singh who had requested the informant to send his car for carrying his mother to the hospital based on which the car was sent. He next submits that it absolutely does not stand to reason that as to why the brother of Rishant Singh would forcefully keep the car in his custody and thus create evidence against himself that he indulged in forcefully snatching the car of the informant and will invite criminal proceedings.
Learned A.P.P. for the State and the informant opposed the prayer for anticipatory bail of the petitioner. Learned counsel for the informant submits that petitioner has not approached the Court with clean hands and he has antecedent of five cases i.e. Ara (Nawada) P.S. Case No. 146 of 2010, Sahpur P.S. Case No. 227 of 2021 and Ara (Nawada) P.S. Case No. 11 of 2021. He further submits that there are two complaint cases also instituted against the petitioner but the informant presently is not aware whether cognizance has been taken and summons issued against him or not, as such, learned counsel for the informant fairly submits that he for the present is not pressing those two cases against the
Patna High Court CR. MISC. No.45499 of 2022(2) dt.20-09-2022 3/3 petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Town P.S. Case No. 585 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. The learned trial court before accepting the bail bond of the petitioner shall verify the criminal antecedent as stated in the order and if it is verified that petitioner has criminal antecedent but he concealed from the Court while filing the anticipatory bail application then the present anticipatory bail order shall not be acted upon and in the event if it is found that petitioner is a person with clean antecedent the present anticipatory bail order shall be acted upon forthwith.
(Satyavrat Verma, J) Kundan/- U T