Law Kush Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2766 of 2025 Arising Out of PS. Case No.-744 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== 1.
Law Kush Singh S/o Sudish Singh R/o Village- Udaybhanpur Barhara (Krishnagarh), District- Bhojpur 2.
Abhiman Singh @ Abhimanu Singh @ Abhimanyu Singh S/o Sudish Singh R/o Village- Udaybhanpur Barhara (Krishnagarh), District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Ajay Kumar Singh, Advocate For the State :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-04-2025 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307 and 34 of the Indian Penal Code.
3. The prosecution story, in brief, is that all the F.I.R. named accused persons, including these petitioners, resorted to indiscriminate firing which, however, did not hit to anyone. It is further alleged that the act was repeated when the informant's side was returning, however, again there was no injury.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.2766 of 2025(2) dt.29-04-2025 2/3 have falsely been implicated in this case. The present F.I.R. has been lodged after inordinate delay of 4 days and there is no plausible explanation for the same. There is case and countercase between the parties. No one has sustained any injuries. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 26.07.2023 passed in Cr. Misc. No. 34035 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the fact that no one has sustained any injury, case and counter-case between the parties and claim based on parity, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Barahara (Krishnagarh O.P.) P.S. Case No. 744 of 2022, subject to condition as laid down under
Patna High Court CR. MISC. No.2766 of 2025(2) dt.29-04-2025 3/3 Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T