Abhishek Singh @ Abhishekh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2773 of 2025 Arising Out of PS. Case No.-618 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== Abhishek Singh @ Abhishekh Singh S/o Raj Kishor Singh Resident of Village- Ekauna, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-01-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Barhara Police Station Case No. 618 of 2022, dated 21.08.2022, disclosing offences under Sections 147/148/149/307/384/387 of the Indian Penal Code and Sections 25(1-b)a/26/35/27 of the Arms Act.
3. The prosecution case, as per the First Information Report, is that on 21.08.2022, the police got information that firing was taking place between two groups near the bank of Ganga river on the issue of extortion of money from boatmen of the river Ganga. The informant and other police personnel reached near the place of occurrence and they saw that 7-8 persons were engaged in fighting with
Patna High Court CR. MISC. No.2773 of 2025(2) dt.28-01-2025 2/3 each other by means of lathi, danda, etc. and upon seeing the police party they started running away. However, three of them were apprehended, who disclosed their names as Vikash Singh, Priya Ranjan Singh and Akash Singh. Upon search, two cartridges were recovered from Vikash Singh. It has further been alleged that apprehended accused Vikash Singh disclosed that he and another persons belonging to one group had assembled at the place for extortion of money from boatmen, however, persons belonging to other group led by Akash Singh i.e. the petitioner, arrived there and started firing and in retaliation the other group also started firing. The police recovered two used cartridges from the place of occurrence.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics on the basis of confessional statement of arrested accused persons. He next submits that allegation against the petitioner is general and omnibus in nature and no specific allegation has been alleged against the petitioner. The petitioner was not present at the place of occurrence. He further submits that
Patna High Court CR. MISC. No.2773 of 2025(2) dt.28-01-2025 3/3 the police, in 2022, has wrongly implicated the petitioner in three cases.
5. I have heard learned counsel for the parties and have perused the impugned order.
6. It appears that the petitioner has three criminal antecedents and most of them are of similar nature i.e. of Arms Act as observed by learned Additional Sessions Judge XIII, Bhojpur at Ara, in the impugned order and there was cross-firing between two groups and anticipatory bail application of one person from another group has been rejected by this Court in Cr. Misc. No. 81083 of 2024, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T