Dipak Singh @ Dipu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2493 of 2024 Arising Out of PS. Case No.-133 Year-2023 Thana- AMAS District- Gaya ====================================================== Dipak Singh @ Dipu Kumar Singh, S/o- Krishna Singh, Village- Babhandih Darioura Ps- Amas Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Md. Javed Jafar Khan, Advocate For the State :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 379, 386, 387, 279 and 427 of the Indian Penal Code.
3. As per prosecution case, while the informant was going to his house along with other persons by his car and stopped near Toll plaza for taking tea, in the meantime, all the FIR named accused persons including this petitioner and 10-15 unknown persons came there and abused him and on protest, they became violent and started assaulting informant. It is further alleged that co-accused Gautam Singh snatched gold chain from informant and co-accused Hariom Singh took away his purse. This petitioner is alleged to have dashed the car of the
Patna High Court CR. MISC. No.2493 of 2024(2) dt.31-01-2024 2/3 informant.
4. It is submitted by learned counsel appearing on behalf of the petitioner that the present case is counter blast of Amas P.S. Case No. 132 of 2023, which has been lodged earlier in point of time by the co-accused person against the informant and others. Allegation of assault is general and omnibus and there is no injury report on record to support the prosecution case. It is further submitted that similarly situated co-accused person has been allowed the privilege of anticipatory bail by this Hon'ble Court in Cr. Misc. No.62607 of 2023. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, clean antecedents of the petitioner, case and counter-case and claim based on parity, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati,
Patna High Court CR. MISC. No.2493 of 2024(2) dt.31-01-2024 3/3 District- Gaya, in connection with Amas P.S. Case No.133 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T