Swapnill Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8640 of 2020 Arising Out of PS. Case No.-278 Year-2016 Thana- JHAJHA District- Jamui ====================================================== SWAPNILL SINGH Son of Bhaiya Lal Singh Resident of Village - Banshi Bhawan Near Hospital Road Pipradih, P.S.- Jhajha, Dist.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is apprehending his arrest in Jhajha P.S. Case no. 278/2016 registered under sections 307, 324 and other allied section of the IPC.

Allegation made by the informant is that while he was coming from railway station, he was assaulted by the petitioner and co-accused. Petitioner is said to have assaulted the informant by means of sharp weapon.

It is submitted by counsel for the petitioner that medical reports do not support the prosecution case as opinion on the report is that they were simple in nature. It is further submitted that Complaint Case no. 1544/2016 had earlier been filed by wife of the petitioner against father of the current

Patna High Court CR. MISC. No.8640 of 2020(2) dt.04-03-2020 2/3 informant. Partima Singh (sister of the petitioner) has also filed Jhajha P.S. Case no. 186/2016 against father of the informant. It is further submitted that petitioner was earlier summoned under section 41-A Cr.P.C and conditions of which have not been violated. So, he is entitled to anticipatory bail. Learned A.P.P. opposes the prayer for anticipatory bail. Considering the aforesaid submissions, prayer for anticipatory bail is allowed.

In the event of arrest/ surrender within four weeks from the date of receipt of a copy of the order in the court below, petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub divisional Judicial Magistrate, Jamui in Jhajha P.S. Case no. 278/2016 subject to the condition under section 438(2) Cr.P.C and other conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.8640 of 2020(2) dt.04-03-2020 3/3 bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T