Rajan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24575 of 2016 Arising Out of PS.Case No. -59 Year- 2015 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Rajan Singh, Son of Shiv Kumar Singh, Resident of Village- Dumra, Police Station- Jamobazar, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mishra For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2016 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Jamo Bazar P.S. Case No. 59 of 2015, disclosing offences under Sections 341,323,324,307,504/34 of the Indian Penal Code.

The informant and the petitioner are full brothers. It is alleged against the petitioner that he assaulted the informant over the property dispute with knife causing multiple injuries.

Learned counsel appearing on behalf of the petitioner has submitted that the occurrence is said to have taken place on 05.07.2015 as mentioned in the written report of the informant but there is no cogent explanation for informing the police nearly three days after the date of occurrence. He

has also submitted that the injuries on the informant cannot be said to be grievous in nature. He has also submitted that the petitioner has no criminal antecedent and only because of family dispute, the present First Information Report has been lodged.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the court below be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in Jamo Bazar P.S. Case No. 59 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) ArunKumar/- U