Kumar Tribhuwan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73253 of 2022 Arising Out of PS. Case No.-317 Year-2020 Thana- BIKRAMGANJ District- Rohtas ====================================================== KUMAR TRIBHUWAN SINGH S/O Late Ramayan Singh R/O VillageDharupur, P.S- Bikramganj, District- Rohtas ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-04-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bikramganj PS case no. 317 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code.

The petitioner is alleged to have exhorted the co-accused persons whereupon the co-accused persons had assaulted the informant and his son, resulting in them sustaining injuries.

The learned counsel for the petitioner submits that petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the allegation levelled against the petitioner is only regarding him having exhorted the co-accused persons to assault the informant, however no allegation

Patna High Court CR. MISC. No.73253 of 2022(2) dt.29-04-2023 2/2 of assaulting the informant has been levelled qua the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have assaulted the informant, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. I, Bikramganj, Rohtas in connection with Bikramganj PS case no. 317 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T