Subham Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79957 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- MUFFASIL District- Aurangabad ====================================================== SUBHAM KUMAR SINGH Son of Sri Ashok Singh Resident of Village - Ratauna, P.S.- Muffasil, District - Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Verma Mr. Shashank Chandra Mr. Shashank Shekhar For the State :
Mrs. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.
This is an application for grant of anticipatory bail in connection with Aurangabad Muffasil P.S. Case No. 147 of 2019, registered for the offence punishable under Sections 147, 148, 341, 323, 308, 379 and 354 of the Indian Penal Code. The allegation is regarding four FIR named accused persons having entered into an orchestra party, which was organized on the occasion of marriage of daughter of the informant, whereafter they are stated to have directed the orchestra party to sing vulgar songs and upon protest being made, the accused persons are stated to have assaulted the members of the prosecution party.
Patna High Court CR. MISC. No.79957 of 2019(3) dt.17-01-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that injuries, if any, on the persons of the injured are simple in nature. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by coordinate Benches of this Court vide orders dated 6.9.2019, 16.9.2019 and 16.11.2019 passed in Criminal Miscellaneous No. 56747 of 2019, Criminal Miscellaneous No. 58184 of 2019 and Criminal Miscellaneous No. 56366 of 2019. Lastly, it is submitted that though, the petitioner is accused in some other cases, but he is on bail in most of the cases.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the parity of the case of the petitioner with those of the co-accused persons, who have already been granted anticipatory bail by the coordinate Benches of this Court, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of
Patna High Court CR. MISC. No.79957 of 2019(3) dt.17-01-2020 3/3 receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 147 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Mohit Kumar Shah, J) ajay gupta/- U T