Gorakh Singh @ Abhay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76475 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== GORAKH SINGH @ ABHAY KUMAR, S/o Baidhnath Singh, R/o villRuphari, P.S.-Chiraiya, Dist.-East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anshuman Singh Mr. Rakesh Kumar No.1 Mr. Madhav Jha For the Opposite Party/s :

Mr. Mukesh Kumar For the State Mr. Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in a case registered for the offence under sections 147, 148, 149, 341, 342, 450, 323, 325, 307, 379, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the F.I.R., it is stated by the informant that the petitioner with one Ajay Singh and others stopped the informant, who was traveling on a motorcycle and assaulted him. It is further alleged that a sum of Rs. 20,000/- and golden chain was also taken away from his possession and

Patna High Court CR. MISC. No.76475 of 2019(2) dt.13-02-2020 2/3 co-accused Ajay Singh also took away his mobile phone along with sim card and created terror by firing in the air. It is submitted by learned counsel for the petitioner that from perusal of the F.I.R., it would transpire that the main allegation is against Ajay Singh. No offence under section 307 of the Indian Penal Code is made out for the reason that there was no intention to kill in spite of the accused persons alleged to have been armed with pistol and no firearm injury was sustained by the informant. There is case and counter case between the parties and further from the injury report of the informant, it transpires that besides simple injury, only one grievous injury sustained by him on his arm was found.

It is finally submitted that the petitioner has no criminal antecedent. It is submitted by learned counsel for the informant that there is direct and specific allegation against the petitioner of overt act, informant sustained multiple injury and in any case it is not a fit case for grant of anticipatory bail.

Patna High Court CR. MISC. No.76475 of 2019(2) dt.13-02-2020 3/3 Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Chiraiya (Sikarganj) P.S. Case No.333 of 2019 is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Sikrahna at Dhaka, East Champaran, subject to the conditions as laid down in section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J.) amit/- U T