Anirudh Kumar Singh @ Anirudh Kumar @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9501 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== ANIRUDH KUMAR SINGH @ ANIRUDH KUMAR @ PAPPU SON OF BRIJ NANDAN SINGH RESIDENT OF BIRKUWANR SINGH COLONY, ROAD NO. 11, P.S.- MAGADH MEDICAL, DISTRICT- GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Prasad, Advocate For the Opposite Party/s :
Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 354, 427, 447, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 15.11.2020, the informant's son was celebrating his birthday when six accused, including the petitioner, came variously armed and started abusing and assaulting the children with rod and hockey-stick, it is next alleged that petitioner assaulted the friend of the informant's son with an iron rod on
Patna High Court CR. MISC. No.9501 of 2022(2) dt.05-09-2022 2/3 head causing injury and he fell unconscious, it is next alleged that when informant intervened Santosh Singh snatched her Mangalsutra worth Rs. 20,000/- and Brijnandan Singh misbehaved with her, further the accused persons damaged the vehicles of the informant, it is next alleged that the husband of the informant was advised bed-rest after operation, hence when the police came on information to the place of occurrence, it is alleged that the police advised to institute the FIR on the next day and first to take care of her husband.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the son of the informant was celebrating his birthday with his friends and was throwing crackers in the house of the petitioner which was objected on which the present occurrence took place, it is also submitted that from the side of the petitioner M.M.C.H. P.S. Case No. 228 of 2020 has been registered against the informant and other accused persons, as such the case of the petitioner is earlier to the FIR of the informant and the injuries, suffered by the injured, are simple in nature.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that only a
Patna High Court CR. MISC. No.9501 of 2022(2) dt.05-09-2022 3/3 statement at Para-10 has been made that injuries are simple, but no injury report is annexed.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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 Magadh Medical P.S. Case No. 229 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Further, the learned trial court before accepting the bail bonds of the petitioner shall verify the injury and in the event, if the injury, suffered from the side of the informant, is simple in nature, the present anticipatory bail order shall be acted upon and in the event, if the injury suffered is grievous in nature, then the present anticipatory bail order shall not be acted upon.
(Satyavrat Verma, J) Shivam/- U T