Saurabh Singh @ Saurav Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47887 of 2023 Arising Out of PS. Case No.-121 Year-2022 Thana- PATAHI District- East Champaran ====================================================== Saurabh Singh @ Saurav Kumar Son Of Late Loha Singh @ Ramashankar Singh Resident Of Village- Chiraya, Ward No. 13, Ps- Purnahiya, DistSheohar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar, Advocate For the Opposite Party/s :
Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner, in the present case, is seeking prearrest bail in connection with Patahi P.S. Case No. 121 of 2022 registered for the offences punishable under Sections 341, 323, 342, 307, 504/34 of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, on 10.06.2022 the informant namely, Prince Kumar Singh had gone to attend the marriage ceremony of her cousin sister and a scuffle took place in the Barat. It is further alleged that after some time all the accused persons taken away the informant at a lonely place and brutally assaulted him with iron rod.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.47887 of 2023(2) dt.11-08-2023 2/3 petitioner has been falsely implicated in this case. Learned counsel submits that the co-accused Kunal Singh and Abhimanyu Singh who are similarly situated have been granted privilege of pre-arrest bail by a learned coordinate Bench of this Court in Cr.Misc. No. 8099/2023.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case, the submission being that the allegations are general and omnibus and the co-accused Kunal Singh and Abhimanyu Singh who are similarly situated have been granted privilege of pre-arrest bail by a learned coordinate Bench of this Court in Cr.Misc. No. 8099/2023, petitioner has otherwise no criminal antecedent, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Patahi P.S. Case No. 121 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall
Patna High Court CR. MISC. No.47887 of 2023(2) dt.11-08-2023 3/3 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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.
(Rajeev Ranjan Prasad, J) Rajeev/- U T