Akash Kumar Singh @ Akash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58464 of 2025 Arising Out of PS. Case No.-746 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Akash Kumar Singh @ Akash Kumar, S/o- Dhananjay Singh, Village- Naini Ps- Chapra Muffasil Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tejpratap Singh, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No. 746 of 2024 registered for the offences under Sections 191(2), 190, 126(2), 115(2), 118(1), 109, 117(2), 74, 352, 351(2) of the B.N.S.
3. As per the prosecution case, the informant has alleged that the FIR named accused persons (including the petitioner) variously armed with sword, farsa, garasa, iron rod, lathi and danda came at her door and started abusing her. It has been specifically alleged that Laltoo Singh
2/4 assaulted her with sword over her head while Deobrat Singh assaulted her with a rod and when Bigni Devi came to her rescue, Saryug assaulted her with sword.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has been stated to be only a member of the mob. It has further been submitted that there is no specific allegation of any overt act against the petitioner. It has further been submitted that there was case and counter case for the said incident and injuries were received both the sides, and there is a delay of two days in lodging of the FIR. It has lastly been submitted that the petitioner has one criminal antecedent against his name for the offence under Section 379 of the IPC.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned
3/4 Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten 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 Chapra Muffasil P.S. Case No. 746 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of
4/4 his bail bond.
(v) The learned Court below shall 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.
7. Accordingly, the prayer for anticipatory bail is allowed.
(Sourendra Pandey, J) manoj/- U T