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Patna High CourtCR. MISC./53450/2024allowed

Abhinandan Kumar Singh @ Lal Singh @ Lali Singh v. The State Of Bihar

2024-08-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53450 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== Abhinandan Kumar Singh @ Lal Singh @ Lali Singh Son of Gajendra Narayan Singh Resident of Village - Rajendra Colony, P.S.- Naugachia, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 307 and 302 of the IPC and section 27 of the Arms Act.

3.

Allegedly, in furtherance of an altercation, one Dablu Yadav along with petitioner and other accused persons came with rifle and gun. The brother of the informant went to the roof of his house for watching the fight but in the mean time, he sustained fire arm injury and died in course of treatment. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. The allegation leveled against the petitioner is not specific rather

Patna High Court CR. MISC. No.53450 of 2024(2) dt.21-08-2024 2/2 general and omnibus in nature. The specific allegation of firing is against the co-accused Dablu Yadav, due to which, brother of the informant died. Petitioner has seven criminal antecedent, out of which, in three cases, he has been acquitted by the trial court. Several similarly situated co-accused have been granted anticipatory bail by this Court vide order passed in Cr. Misc. Nos.34620 of 2023 with 34814 of 2023 and Cr. Misc. No.77743 of 2023 (Annexure-P/2 series).

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since similarly situated co-accused have been granted bail, 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 Naugachia P.S. Case No.61 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T