Amaresh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2070 of 2020 Arising Out of PS. Case No.-151 Year-2019 Thana- BHORE District- Gopalganj ====================================================== Amaresh Singh, Son of Omprakash Singh @ Uma Singh Resident of Village - Luhasi, P.S. - Bhorey, District - 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.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Bhorey P.S. Case No. 151 of 2019, G.R. No.1294 of 2019, registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code. The allegation against the petitioner as per First Information Report is that the petitioner along with other accused person assaulted the informant by means of sword on his head.

Mr. Umesh Kumar Singh, learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case due to trivial issue as scuffle has taken

Patna High Court CR. MISC. No.2070 of 2020(2) dt.02-03-2020 2/3 place between the parties in the marriage party. Learned counsel further submits that from perusal of the impugned order, it would be evident that the learned Sessions Judge has relied upon the case diary and from para 22 and 23 of the case diary, it appears that the injury caused to the informant was found to be simple in nature except injury No.1 which is grievous in nature caused by hard and blunt substance on non-vital part of the body whereas the allegation against petitioner that he assaulted the informant by means of sharp cutting weapon, i.e, sword. Having heard learned counsel of the parties and taking into consideration the fact that allegation against the petitioner is not corroborated by the injury suffered and the injury has been found to be simple in nature, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail 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, G.R.

Patna High Court CR. MISC. No.2070 of 2020(2) dt.02-03-2020 3/3 No.1294 of 2019, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T