Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60747 of 2023 Arising Out of PS. Case No.-330 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Rajesh Singh S/O Devan Singh Residents Of Village Lodipur Mansoorpur P S Khushrupur District- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Mr. N. K. Agrawal, learned senior counsel for the assisted by Ms. Diksha Kumari, learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends his arrest in Khushrupur P.S. Case No. 330 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and section 27 of the Arms Act, pending in the Court of learned Judicial Magistrate, 1st Class, Patna City.

3. As per F.I.R., the allegation against the petitioner and other co-accused persons is that they entered into the house of the informant and assaulted the mother, father and other persons in which mother and father died.

4. Learned senior counsel for the petitioner submits

Patna High Court CR. MISC. No.60747 of 2023(3) dt.13-10-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Petitioner has no criminal antecedent as mentioned in Para 3 of the bail application. There is general and omnibus allegation against the petitioner. He further submits that one coaccused Devan Singh has already granted anticipatory bail vide order dated 24.06.2023 passed in Cr. Miscellaneous No.23694 of 2023 by a co-ordinate bench of this Court.

5. Learned APP for the State and learned counsel for the informant vehemently opposes the bail application.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Ranjeet/- U T