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Patna High CourtCR. MISC./73829/2024bail granted

Abhishek Kishore Sinha @ Abhishek Kumar Sinha @ Abhishek Kumar Sinha v. The State Of Bihar

2024-11-29Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73829 of 2024 Arising Out of PS. Case No.-6 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== Abhishek Kishore Sinha @ Abhishek Kumar Sinha @ Abhishek Kumar Sinha Son of Madan Kishore Sinha R/V-Amiyavar P.S- Nasariganj Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Adv.

For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 341, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act in connection with Nasriganj P.S. Case No. 06 of 2020.

3. The specific allegation against the petitioner is that he shot fired due to which one Sukriti Kumari and Ranjit Kant Shrivastava sustained injury.

4. The learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case and has committed no offence. There is a case and counter case between

Patna High Court CR. MISC. No.73829 of 2024(2) dt.29-11-2024 2/3 the parties and the petitioner also suffered fire-arm injury. He further submitted that the petitioner initially filed anticipatory bail application (Cr. Misc. No. 8278 of 2021) vide order dated 08.02.2022 and the same was rejected with the observation that petitioner surrenders in the learned Court below and prays for regular bail, thereafter, the second anticipatory bail application was filed by the petitioner (Cr. Misc. No. 11835 of 2024) vide order dated 12.07.2024 and the same was also rejected with the observation that if the petitioner surrenders and seeks regular bail before the Court below, the Court below shall consider the same on its own merit, on which the petitioner surrendered on 02.08.2024 and his bail application was rejected by the Court below on 02.09.2024. The petitioner is a person of clean antecedent and he is in custody since 02.08.2024.

5. Learned counsel for the informant has opposed the prayer of bail by submitting that there is specific allegation of firing against the petitioner due to which one Sukriti Kumari and Ranjit Kant Shrivastava sustained injury.

6. Considering the above facts and circumstances of the case, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.73829 of 2024(2) dt.29-11-2024 3/3 A.C.J.M.-I, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 06 of 2020, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court. (Nawneet Kumar Pandey, J) Arish/- U T