Shambhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53447 of 2024 Arising Out of PS. Case No.-478 Year-2021 Thana- WAJIRGANJ District- Gaya ====================================================== 1.
Shambhu Singh S/o- Sihasan Singh @ Ram Sihasan Singh Village- Sakardas Nawada PS- Wazirganj Dist- Gaya 2.
Murari Kumar @ Murari Singh son of Sihasan Singh @ Ramsihasan Singh Village- Sakardas Nawada PS- Wazirganj Dist- Gaya 3.
Ramji Singh @ Ritesh Kumar son of Late Ram Bilas Singh Village- Punad Ps- Atri Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.
3. As per the prosecution case, it is alleged that the petitioners along with other co-accused persons have abused and assaulted the informant and his brother. It is further alleged that they have committed theft of rifle, cartridge, license of rifle, icard, and cash of Rs.30,000/- from informant's car.
4. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and
Patna High Court CR. MISC. No.53447 of 2024(2) dt.28-08-2024 2/2 omnibus in nature. He submits that the rifle was recovered from an open place. He further submits that due to Panchayat election rivalry this false case has been lodged by the informant. He also submits that injuries were found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, the nature of the offence and the fact that nothing has been recovered from conscious possession of the petitioners, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Wazirganj P.S. Case No.478 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T