Awadh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69905 of 2022 Arising Out of PS. Case No.-343 Year-2014 Thana- BUXAR District- Buxar ====================================================== AWADH KUMAR SINGH Son of Baidyanath Singh Resident of Village - Sardho (Sarahi), P.S.- Sabour, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 323, 504, 506, 509, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below. As per the FIR, all the FIR named accused persons approached including the petitioner visited the place of informant and instigated to deposited money in their complany, namely, Aryan Agro Project India Pvt. By giving false assurance of much benefit from others. It is further alleged that the informant and others have deposited several lakhs which are mentioned in the list which is part and parcel of the FIR but later on accused persons closed the said company and thereafter
Patna High Court CR. MISC. No.69905 of 2022(2) dt.24-01-2023 2/3 informant and witnesses learnt that accused persons punished the land and other property from his money is also alleged that informant and witnesses when demanded their money from accused persons they started threatening to kill and also shown fear of rifle as well as abused.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that warrant was issued against the petitioner on 15.01.2022, therefore the petitioner has filed the present anticipatory bail application. He further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 14.05.2015 passed in Cr. Misc. No. 46891/2014. He further submits that petitioner has got one criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that similarly situated other co-accused person has already been granted bail by a Bench of this Court, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail
Patna High Court CR. MISC. No.69905 of 2022(2) dt.24-01-2023 3/3 bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Buxar (town) P.S. Case No.343/2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T