Anandi Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67173 of 2023 Arising Out of PS. Case No.-261 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Anandi Singh, Son of Late Rameshwar Singh R/o vill - Beldha, P.S. - Warisaliganj, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Warisaliganj P.S. Case No. 261 of 2023, lodged on 31.05.2023 under Sections 341, 323, 324, 302 & 34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against 9 named accused persons including the present petitioner. There is a specific allegation against 9 accused persons that they reached at the land of the informant and upon oppose, they started assaulting the informant and his brother. As a result of which, the younger brother of the informant died.

4. Learned counsel for the petitioner submits that the contents of FIR itself suggests that, there is no specific allegation against the petitioner. He further submits that the

Patna High Court CR. MISC. No.67173 of 2023(2) dt.17-10-2023 2/2 antecedent of the petitioner is clean and he is in custody since 24.06.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that section 34 of the I.P.C. is added with section 302 of the I.P.C. and therefore, prima facie, the occurrence has been taken place in presence of the petitioner.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Warisaliganj P.S. Case No. 261 of 2023, pending before the learned Additional Chief Judicial Magistrate-IInd, Nawada is hereby rejected,

8. However, the petitioner shall move for regular bail after framing of charge, the Trial Court shall release him on bail imposing its own conditions so that he may not evade his appearance during trial.

9. With this observation, the bail application stands disposed of.

(Dr. Anshuman, J.) Divyansh/- U T