Shivam Singh @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71520 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- PAKRIDAYAL District- East Champaran ====================================================== SHIVAM SINGH @ SHIVAM KUMAR S/o Pappu SIngh @ Manoj Kumar Singh R/v- Dhanauji, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-03-2023 Heard learned counsel for the petitioner and learned APP for the State assisted by learned counsel for the informant. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 447, 341, 342, 302, 307, 324, 325, 326, 120(B), 504 and 506 of the Indian Penal Code pending in the learned court below.

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 specific overt act against the co-accused Siyaram Singh and Dharmendra Singh to give farsa blow on the head of husband of the informant. He further submits that petitioner has got no criminal antecedent as

Patna High Court CR. MISC. No.71520 of 2022(2) dt.14-03-2023 2/2 stated in para-3 of the bail application.

Per contra, learned APP for the State as well as learned counsel for the informant vehemently opposing the bail application and submitted that from perusal of the post-mortem it is clear that there is about 10 injuries found upon the body of the deceased. Hence, he does not deserve anticipatory bail. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Pakaridayal P.S. Case No. 122/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering this fact that some of the co-accused has been granted bail by the learned Court below and this Court. (Anjani Kumar Sharan, J) ajay/- U T