Rohit Singh @ Rinku Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1803 of 2023 Arising Out of PS. Case No.-293 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.
ROHIT SINGH @ RINKU SINGH Son of Janaradan Singh Resident of Village- Manikpur, P.S.- Shahkund, District- Bhagalpur 2.
BARUN SINGH @ BARUN KUMAR SINGH Son of Janaradan Singh Resident of Village- Manikpur, P.S.- Shahkund, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Narendra Kumar Singh For the Opposite Party/s :
Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2023 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Shahkund P.S. Case No. 293 of 2021 registered for the offence punishable under Section 341, 323, 308, 379, 427, 504, 506, 34 of the Indian Penal Code.
The allegation is regarding the informant having demanded his money from one Om Singh, who got agitated and called the petitioners, whereafter, the petitioners had assaulted the informant and vandalized his shop as also had snatched money from the informant to the tune of Rs. 1800/-. The learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.1803 of 2023(2) dt.17-05-2023 2/3 petitioners are innocent, they have been falsely implicated in the present case and they are having a clean antecedent. The learned counsel for the petitioners has further submitted that on account of enmity, the petitioners have been falsely implicated in the present case, though they have got nothing to do with the alleged incident and moreover, the injury, found on the person of the informant, is simple in nature. Nonetheless, it is submitted that the petitioners are ready and willing to abide by such terms and condition as may be deemed fit and proper to be imposed for the purposes of grant of bail.
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 petitioners, taking into account the materials available on record and considering the fact that the injury, sustained by the informant, has been found to be simple in nature, though I deem it fit and proper to admit the petitioners to the privilege of anticipatory bail, however, subject to certain conditions. Accordingly, the petitioners are directed to be enlarged on anticipatory bail, in the event of their arrest or surrender before the court below within a period of four weeks
Patna High Court CR. MISC. No.1803 of 2023(2) dt.17-05-2023 3/3 from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM IInd, Bhagalpur in connection with Shahkund P.S.Case No. 293 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is further directed that the petitioners would mark their attendance before the Officer-in-Charge of the concerned police station on each Monday of the week at 10:30 am. and in the event of two consecutive defaults, the present privilege of anticipatory bail, being granted to the petitioners herein, shall stand cancelled automatically.
(Mohit Kumar Shah, J) Ajay/- U T