Shakti Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64591 of 2025 Arising Out of PS. Case No.-107 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Shakti Singh S/O Late Satyadeo Singh Resident of Village- Parsa, P.SIshuapur, Distt.- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Miss Nikita Mittal, Adv.
Mr. Rajesh Roy, Adv.
For the State :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Ishuapur Thana P.S. Case No. 107 of 2024 registered for the offences punishable under Sections 323, 341, 324, 307, 504, 506 of the IPC.
3. As per prosecution case, petitioner and others armed with lathi, danda and dabia came in front of house of the informant and began to abuse and assault the informant. It is alleged that co-accused Rakesh Kumar Singh assaulted upon the head of informant by means of sharp cutting weapon as a result of which informant sustained head injury. It is further alleged that when informant's younger brother, namely, Sanjay Kumar
Patna High Court CR. MISC. No.64591 of 2025(2) dt.17-09-2025 2/3 Singh came to rescue, he was abused and assaulted by all the accused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel further submits that there is no specific allegation of assault against the petitioner rather the same is general and omnibus in nature. He further submits that FIR is quite evident that there is land dispute and in cases of land dispute facts are generally exaggerated to make the offence graver. Learned counsel further submits that co-accused Rakesh Kumar Singh, against whom there is specific allegation of assault, has already been granted anticipatory bail by a coordinate Bench of this Court vide Cr. Misc. No. 81599 of 2024 and case of present petitioner stands on better footing in comparison to aforesaid co-accused Rakesh Kumar Singh and on the principle of parity, petitioner deserves bail. Apart from that, petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. However, he has conceded that co-accused Rakesh Kumar Singh, against whom there is specific allegation of assault, has already been granted
Patna High Court CR. MISC. No.64591 of 2025(2) dt.17-09-2025 3/3 anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 81599 of 2024.
6. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, there is no specific allegation of assault against the petitioner, coaccused has already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Chapra in connection with Ishuapur P.S. Case No. 107 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Alok Kumar Pandey, J) shahzad/- U T