Akash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76986 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Akash Singh Son Of Sanjay Singh R/O Vill - Fatehpur, P.S. - Madanpur, Dist. - Deoria (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in connection with Gopalpur P.S. Case No. 70 of 2023 dated 28.04.2023 registered for the offences punishable under Section 394 of the Indian Penal Code and section 27 of the Arms Act.

4. As per the FIR, all the accused person including the petitioner looted the Jewellery shop of the informant on the gun point. They shot fire, causing gun shot injury to the informant and they took away ornaments worth Rs. 20 lakhs and Rs. 1,50,000/- in cash. thereafter the informant was taken to the hospital for treatment.

Patna High Court CR. MISC. No.76986 of 2023(2) dt.02-01-2024 2/2

5. Learned cousnel for the petitioners has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has not named been in the FIR, during the course of investigation based on the confessional statement of co accused Rahul Mall, his name has been surfaced in this case. Except for the confessional statement, there is nothing against the petitioner. The petitioner has one criminal antecedent which was lodged after lodging the present case.

6. Learned A.P.P for the State has opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, let the above named petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, be released on anticipatory bail on furnishing bail bonds of Rs 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate-V, Gopalganj in Gopalpur P.S. Case No. 70 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Chandra Prakash Singh, J) N.K/- U T