Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53608 of 2022 Arising Out of PS. Case No.-246 Year-2017 Thana- BARAULI District- Gopalganj ====================================================== PRINCE KUMAR SINGH SON OF SHRI OM PRAKASH SINGH R/O VILLAGE- PARSAUNI KHAS TOLA PIPARAHIYA, P.S.- UCHKAGAON, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh,Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Barauli P.S. Case No. 246 of 2017 for the offence registered under Section 394 of the Indian Penal Code. As per the FIR, motorcycle borne three accused persons intercepted the informant and his sisters and on the point of pistol took away their cash and gold-chain. When one Pankaj Singh came to their rescue, the accuseds opened fire causing injury on his left shoulder. Later, they fled away and Pankaj Singh was sent to Sadar Hospital, Gopalganj and thereafter, this FIR was lodged.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.53608 of 2022(2) dt.18-01-2023 2/3 subsequently Asif Ali and Alauddin Ansari were apprehended by the police with country-made pistol. A case was lodged against them and they confessed their crime in the present case and also implicated the petitioner in this case.

Learned counsel for petitioner submits that he do not have any role to play in this case and in the said another case in which the arms were recovered from Asif Ali and Alauddin Ansari, he was also implicated and thus he is having one criminal antecedent. The last submission is that he is a student of a college in Uttar Pradesh and is ready to abide by all the terms and conditions, if granted relief.

Learned APP for the State, on the other hand, opposes the prayer for bail stating that it is a case of snatching of cash and gold-chain from the informant and his sisters. Taking into account the fact that his name has come in the confessional statement, is a young boy pursuing study, will cooperate in the investigation and will ultimately face the trial, this Court is inclined to grant him relief of anticipatory bail with conditions:

(i) the petitioner shall be visiting the concerned police station every month for next one year to mark his attendance. Let the petitioner in the event of arrest or surrender

Patna High Court CR. MISC. No.53608 of 2022(2) dt.18-01-2023 3/3 within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gopalganj in connection with Barauli P.S. Case No. 246 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T