Ayush Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71710 of 2022 Arising Out of PS. Case No.-228 Year-2018 Thana- BARAULI District- Gopalganj ====================================================== AYUSH KUMAR SINGH S/O Niraj Singh R/O Village- Klyanpur, P.SBarauli, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 427, 504, 506 and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused persons is said to have abused and assaulted the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He further submits that there is delay of 5 days in filing of the present FIR and there is no any explanation of it.

Patna High Court CR. MISC. No.71710 of 2022(2) dt.16-03-2023 2/3 Which creates serious doubt about the prosecution case. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Barauli P.S. Case No.228 of 2018, subject to following conditions:

(1) One of the bailors will be his own blood relative, preferably, mother, son, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court in each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

Patna High Court CR. MISC. No.71710 of 2022(2) dt.16-03-2023 3/3

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) ajay/- U T