Prem Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77362 of 2023 Arising Out of PS. Case No.-914 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Prem Shankar Singh S/O Late Mahanth Singh R/O Majharia, P.S- Industrial Area Buxar, Distt.- Buxar, At Present Posted As S.I, At Town Thana Buxar, P.S- Buxar Town, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Shahidul Haque S/O Md. Muslim R/O Madhopara, P.S- K. Hat (SAHAYAK), Distt.- Purnea.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Fazle Karim For the State :

Mr. Ganesh Prasad Singh For the Complainant :

Mr. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the complainant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 354B, 379, 380, 452, 504, 506 and 500 of the Indian Penal Code and Section 75 of the Juvenile Justice Act, 2015.

3. The allegation as per the complainant is that the petitioner along with 40-50 police force entered into the house of the complainant and the complainant, who is an advocate,

Patna High Court CR. MISC. No.77362 of 2023(2) dt.07-12-2023 2/3 asked about search warrant and his son started making videograph, they abused the complainant and also assaulted the son and daughter of the complainant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has no concern with the alleged occurrence. Similarly situated co-accused have been enlarged on bail by a co-ordinate bench of this court vide order dated 06.07.2023, 26.07.2023, 02.08.2023, 02.08.2023, 04.08.2023 and 08.08.2023 passed in Cr. Misc. No. 26934 of 2023, Cr. Misc. No. 30385 of 2023, Cr. Misc. No. 40378 of 2023, Cr. Misc. No. 40370 of 2023, Cr. Misc. No. 43254 of 2023 and Cr. Misc. No. 45550 of 2023 respectively. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.77362 of 2023(2) dt.07-12-2023 3/3 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 below where the case is pending/successor Court in connection with Complaint P.S. Case No. 914 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T