Patna High Court
AKHILESH SINGHversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the conditions stipulated under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Akhilesh Singh, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Indian Penal Code (341, 323, 386, 387, 307, 435, 427, 34) and Section 27 of the Arms Act. He contended that despite having six prior cases, he was acquitted in all, and alleged that the present complaint was false, arising from a dispute, with the informant willing to compromise. The informant’s counsel expressed no objection to granting anticipatory bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the complaint is false and thus warrants bail.
- Whether conditions under Section 482(2) of the Criminal Procedure Code are applicable.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 307, 323, 34, 341, 386, 387, 427, 435
Subjects
- anticipatory bail
- false complaint
- Indian Penal Code
- Arms Act
- Criminal Procedure Code
- bail conditions
- prior acquittals
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55140 of 2023
Arising Out of PS. Case No.-187 Year-2022 Thana- ATRI District- Gaya
======================================================
AKHILESH SINGH S/O UMESH SINGH VILLAGE LATAWAR
FARIDPUR, PS- HISUA, DIST- NAWADA
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. DEONANDAN KUMAR SON OF BHAGWAT PD. VILLAGE-
BELDHANA PS- MUFFSIL, DIST- NAWADA P/S- M/S EKLAVYA
STRAC AND MINES PVT. LTD.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv
Mr.Shankar Kumar, Adv
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
Mr. Dharmendra Kumar Singh, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
8 19-03-2026 1. Heard learned senior counsel for the petitioner, Sri
Krishna Prasad Singh; learned A.P.P. for the State and the
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 341, 323,
386, 387, 307, 435, 427 and 34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. Learned counsel senior for the petitioner submits
that petitioner has antecedent of six cases, but then he has been
acquitted in all cases, as would manifest from supplementary
affidavit. It is next submitted that allegation is of putting
Patna High Court CR. MISC. No.55140 of 2023(8) dt.19-03-2026
2/2
poclain machine on fire along with firing, but then no one was
injured in the firing. It is next submitted that on account of
dispute in between the parties, a false case was instituted as such
the informant subsequently compromised the case.
4. Learned counsel appearing on behalf of the
informant submits that the informant has no objection in the
event if privilege of anticipatory bail is granted to the petitioner.
5. Considering the submissions made by the learned
counsel appearing on behalf of the informant, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
in connection with Atri P.S. Case No. 187 of 2022, subject to the
conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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