Abhishek Kumar Singh @ Abhishek Sinh @ Bitu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34701 of 2018 Arising Out of PS.Case No. -1254 Year- 2016 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================

1. Abhishek Kumar Singh @ Abhishek Sinh @ Bitu, son of Sudhir Kumar Singh @ Suresh Singh, Resident of Village & P.S. Bhagwanpur, DistrictKaimur (Bhabhua). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 The petitioner is apprehending his arrest in connection with Sasaram (Mufassil) P.S. Case No. 1254/2016, registered for offences punishable under Sections 302, 120-B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against one co-accused Sujit Singh of firing on the brother of the informant and due to that the brother of informant succumbed to the injury. Petitioner is not named in the F.I.R., later on his name transpired on confessional statement of co-accused.

Submission of learned counsel for the petitioner is that five persons named in the F.I.R., but petitioner has not been named and later on his name transpired on confession of co-

Patna High Court Cr.Misc. No.34701 of 2018 (4) dt.28-08-2018 2/3 accused and except that there is nothing against the petitioner. Further submission is that one of co-accused having similar allegation has already been granted privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 18.03.2017 passed in Cr. Misc. No.10737 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional Sessions Judge, Rohtas at Sasaram, in connection with Sasaram (Mufassil) P.S. Case No. 1254/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the

Patna High Court Cr.Misc. No.34701 of 2018 (4) dt.28-08-2018 3/3 event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T