Kapil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69553 of 2024 Arising Out of PS. Case No.-702 Year-2023 Thana- FATUA District- Patna ====================================================== Kapil Singh S/O Late Sheonandan Singh R/O Village - Surgapar, P.S- Fatuha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madan Prasad Singh, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2025

1. Heard learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302/34, 120(B) of the Indian Penal Code as well as Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case. It is further submitted that Ram Shuhavan Gop @ Ram Suhawan Singh @ Ramsohawan Singh had approached this Court seeking anticipatory bail by filing Cr. Misc. No. 43961 of 2024 and the same was allowed by an order dated 21.08.2024, thereafter Lallan Singh @ Lalan Singh had also approached this Court seeking anticipatory bail by filing Cr. Misc. No. 73449 of 2024 and the same was also allowed by an order dated 07.02.2025. It is next submitted that

Patna High Court CR. MISC. No.69553 of 2024(2) dt.13-02-2025 2/3 Lallan Singh @ Lalan Singh is own brother of the present petitioner. It is also submitted that this Court while granting the privilege of anticipatory bail to Ram Shuhavan Gop @ Ram Suhawan Singh @ Ramsohawan Singh and Lallan Singh @ Lalan Singh had considered the case in detail and on merits and, thus, learned counsel seeks anticipatory bail for the petitioner based on parity. It is submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

4. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees 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 Fatuha P.S. Case No. 702 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, if the investigating officer of the case files an application before the learned trial court bringing to its

Patna High Court CR. MISC. No.69553 of 2024(2) dt.13-02-2025 3/3 notice that the petitioner despite giving assurance to this Court is not cooperating in the investigation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

7. It is made clear that if the charge-sheet is submitted against the petitioner connecting him with the offence in that event the present anticipatory bail order shall come to an end. (Satyavrat Verma, J) Kundan/- U T