Abhishek Kumar @ Banti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73855 of 2022 Arising Out of PS. Case No.-521 Year-2022 Thana- HILSA District- Nalanda ====================================================== 1.

ABHISHEK KUMAR @ BANTI SINGH Son of Arvind Kumar Sharma @ Arvind Singh R/o Ward No. 8, near Hanuman Mandir, Arpa, P.S.- Hilsa, District- Nalanda 2.

NITISH KUMAR @ DHANNU SINGH Son of Ajeet Singh @ Indrajeet Singh R/o Ward No. 8, near Hanuman Mandir, Arpa, P.S.- Hilsa, DistrictNalanda 3.

RITESH KUMAR @ MANNU SINGH Son of Ajeet Singh @ Indrajeet Singh R/o Ward No. 8, near Hanuman Mandir, Arpa, P.S.- Hilsa, DistrictNalanda 4.

ANIL SINGH @ TUNTUN SINGH Son of Ramlakhan Sharma R/o Ward No. 8, near Hanuman Mandir, Arpa, P.S.- Hilsa, District- Nalanda 5.

AJIT SINGH @ INDRAJEET SINGH Son of Ramlakhan Sharma R/o Ward No. 8, near Hanuman Mandir, Arpa, P.S.- Hilsa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Bhardwaj, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 447, 504, 506, 427, 379 and 34 of the IPC and 27 of the Arms Act.

As per the prosecution case, the F.I.R. named accused persons did a firing at her house in the night and with a view to trap her family, the cartridge was thrown in her house. It is

Patna High Court CR. MISC. No.73855 of 2022(2) dt.02-05-2023 2/3 alleged that earlier petitioner no.1 had stolen the pipe of the tank and when informant asked for the pipe, petitioner nos.2, 3 and 5 threatened her to vacate the house.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. It is submitted that earlier the petitioner no.5 was attacked on two different occasions for which two cases being Hilsa P.S. Case No.537/19 and Hilsa P.S. Case No.483/22 has been lodged. The husband of the informant was involved in the attack of petitioner no.5 and in retaliation, the present case has been filed against the petitioners. No person is alleged to have sustained an injury in the present case. Petitioner nos.1 and 3 have one criminal antecedent and rest petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a

Patna High Court CR. MISC. No.73855 of 2022(2) dt.02-05-2023 3/3 period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Hilsa P.S. Case No.521 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T