Abhay Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57132 of 2023 Arising Out of PS. Case No.-385 Year-2017 Thana- SIWAN MUFFASIL District- Siwan ====================================================== ABHAY NARAYAN SINGH SON OF LATE YAMUNA SINGH RESIDENT OF CHOTKI SAREYA, PS- BARADIH, DIST- BALIYA (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Kant Singh, Advocate For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code and Section 37 (GH) of the Bihar Prohibition and Excise Act, 2016.

3. Some unknown persons complained the Superintendent of Police, Siwan that some police personnel are consuming liquor and are sharing the picture on the face book. On the basis of same, the matter was enquired and investigated and F.I.R. was lodged against four police personnel including this petitioner.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.57132 of 2023(3) dt.27-02-2024 2/2 falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the petitioner was made accused in this case only on the basis of suspicion on the photo of face book. Similarly situated co-accused, namely, Deepak Singh has been enlarged on bail by a co-ordinate bench of this court vide order dated 25.07.2018 passed in Cr. Misc. No. 44722 of 2018. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Siwan Muffasil P.S. Case No. 385 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T