Rahul Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84602 of 2023 Arising Out of PS. Case No.-55 Year-2019 Thana- SIKARHATTA District- Bhojpur ====================================================== Rahul Singh S/O Anirudh Singh R/O Vill.- Chanda, P.S.- Sikharhatta, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sikarhatta P.S. Case No. 55 of 2019 registered for the offences punishable under Sections 147, 149, 427, 435, 436 of the Indian Penal Code pending in the Court of learned J.M. Bhojpur at Ara or concerned Court Bhojpur at Ara.

3. As per the prosecution case, petitioner along with co-accused persons and 20 to 25 unknown person came at Dev Bazar and damaged the shops and, thereafter, set on fire due to which two motorcycles and many shops of the market were burnt.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.84602 of 2023(2) dt.12-01-2024 2/2 case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is compromise between the parties. He further submits that one of the co-accused has been granted anticipatory bail by the learned Court below. The petitioner has three criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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