Held that the petitioner, accused of heinous offences including murder, is granted anticipatory bail subject to imprisonment if arrested within six weeks, furnished bail bonds, and meeting conditions under Section 438(2) CrPC.
Petitioner enlarged on bail by furnishing bond of Rs.25,000 with two sureties if arrested within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13649 of 2022
Arising Out of PS. Case No.-265 Year-2020 Thana- DARIYAPUR District- Saran
======================================================
GUDDU SINGH S/o Kalika Singh R/o village- Samaspura, P.S.- Dariyapur, District- Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar Singh For the Opposite Party/s : Mr.Ganesh Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 10-08-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner apprehends his arrest in connection with Dariyapur P.S. Case No.265 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submits that there is general and omnibus allegation against the petitioner. From perusal of the FIR, it is clear that petitioner is only order giver. It is submitted that similarly situated other co-accused persons have already been enlarged on anticipatory bail by different co-ordinate Benches of this Court vide order dated 09.08.2021, passed in Cr.
Patna High Court CR. MISC. No.13649 of 2022(2) dt.10-08-2022 2/2
Misc. No.7492 of 2021 and order dated 27.01.2022, passed in Cr. Misc. No.1202 of 2022. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Taking into consideration the facts that there is general and omnibus allegation against the petitioner and petitioner is only the order giver, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateXIII, Chapra, District Saran in connection with Dariyapur P.S. Case No.265 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
Sanjay/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in connection with offences under sections 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.
1 provisions across 1 enactments
Guddu Singh
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
