Nepali Singh @ Abhay Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67892 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- KORMA District- Sheikhpura ====================================================== NEPALI SINGH @ ABHAY SHANKAR SINGH Son of Late Krishnandan Singh Resident of Village- Chare, P.S.- Korma, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Himanshu Kumar Akela For the Opposite Party/s :

Mr. Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 365, 379, 504, 506 and 120(B) of the Indian Penal Code. As per the FIR, the petitioner alongwith other co-accused persons snatched the mobile of the informant and his maternal uncle and assaulted them as well. They carried the informant to outskirt of the village and separated him from his uncle. The accused persons assaulted informant by means of several weapons. The petitioner pointed pistol on his temple and threatened to kill him. It is alleged by the informant that his maternal uncle was still in possession of the criminals who abducted him.

Patna High Court CR. MISC. No.67892 of 2022(3) dt.13-03-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case due to previous enmity and grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that some of the co-accused persons assaulted the informant but the nature of the injury has been found to be simple. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case as well as from the perusal of records including the case diary, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.67892 of 2022(3) dt.13-03-2023 3/3 below where the case is pending/Successor Court in connection with Korma P.S. Case No.65 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T