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Patna High CourtCR. MISC./5807/2024allowed

Satish Singh @ Satish Kumar Singh v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5807 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- AKBARPUR District- Nawada ====================================================== Satish Singh @ Satish Kumar Singh S/o Lakhan Singh R/o Vill - Lodipur, P.S. - Akbarpur, Dist. - Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan Kumar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 325, 307, 379, 504, 506 of the Indian Penal Code.

3. The prosecution case as per F.I.R is that on 24.08.2023 at 6:00 A.M, the informant went to Market from his house and as soon as he reached near the house of petitioner Satish Singh, all the F.I.R named accused persons including the petitioner attacked on the informant. It is alleged against the petitioner that he

Patna High Court CR. MISC. No.5807 of 2024(3) dt.26-04-2024 2/3 repeatedly assaulted with sword to the informant causing injury on his head and when the son of the informant came to his rescue, co-accused Rajeev assaulted with Garasa causing injury on his head. The accused persons also assaulted the other family members of the informant when they came to rescue.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The informant alleged that the petitioner repeatedly assaulted with sword to him but the injury report of the informant which has been brought on record as Annexure-3 suggests that he has received only two injuries which itself falsify the version of the informant. Moreover, there is counter version of the occurrence also and the injury report of the petitioner which has been brought on record as Annexure-4 also suggests that petitioner received injury by a sharp cut object. A statement has been made in para 3 of the petition that petitioner has no criminal

Patna High Court CR. MISC. No.5807 of 2024(3) dt.26-04-2024 3/3 antecedent.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, be released on anticipatory bail in connection with Akbarpur P.S. Case No. 397 of 2023 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, Nawada, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T