B.K. Singh @ Vikas Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85169 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- BHORE District- Gopalganj ====================================================== B.K. SINGH @ VIKAS KUMAR SINGH Son of Omprakash Singh @ Uma Singh Resident of Village - Luhasi, P.S.- Bhorey, Distt - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhorey P.S. Case No. 151 of 2019 for the offence registered under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant resulting in the informant sustaining injuries. As far as the petitioner is concerned, it is alleged that he has fired gun shot, however, the informant managed to escape and did not get hit by the firing.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that a false allegation has been levelled regarding gun shot firing by the

Patna High Court CR. MISC. No.85169 of 2019(2) dt.22-01-2020 2/2 petitioner inasmuch as neither the petitioner has received any gun shot injury nor any incriminating article has been recovered from the place of occurrence. It is next submitted that a general and omnibus allegation has been levelled, hence the petitioner is entitled to be admitted to the privilege of anticipatory bail. Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner coupled with the fact that the informant has not received any gun shot injury, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhorey P.S. Case No. 151 of 2019 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.