Rintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16685 of 2024 Arising Out of PS. Case No.-297 Year-2023 Thana- NARDIGANJ District- Nawada ====================================================== 1.
Rintu Singh, S/O Late Jungi Singh, R/O Village- Fazilpur, P.S. Nardiganj, District- Nawada 2.
Ram Pravesh Kumar @ Lachho, S/O Late Jungi Singh, R/O VillageFazilpur, P.S. Nardiganj, District- Nawada 3.
Santu Kumar, S/O Late Jungi Singh, R/O Village- Fazilpur, P.S. Nardiganj, District- Nawada 4.
Nitish Kumar, S/O Late Jungi Singh, R/O Village- Fazilpur, P.S. Nardiganj, District- Nawada ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In this present case, the petitioners are apprehending their arrest in connection with Nardiganj P.S. Case No. 297 of 2023, registered for the offences under Sections 341, 323, 325, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. As per prosecution case, petitioners, who were variously armed, assaulted the husband of the informant causing injuries to him. Petitioner nos.1 and 3 gave knife blow which caused injury in both hands of the husband of the informant and
Patna High Court CR. MISC. No.16685 of 2024(2) dt.14-03-2024 2/3 petitioner no.2 and co-accused hit him with butt of the gun.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Informant and the petitioners are agnates and there is longstanding enmity between them. From the FIR, it is evident that no offence under Section 307 of IPC is made out against the petitioners. Petitioner no.2 has lodged Nardiganj P.S. Case No. 373 of 2022 against the husband of the informant and others and in order to save his skin the informant lodged the present false case against the petitioners. There is no injury report on record. Petitioner nos.1 and 3 are having criminal antecedent of one case. Petitioner no.2 is having criminal antecedent of three cases and petitioner no.4 is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of injury report and further considering the possibility of false implication, let the petitioners above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand
Patna High Court CR. MISC. No.16685 of 2024(2) dt.14-03-2024 3/3 Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Nawada/concerned court in connection with Nardiganj P.S. Case No. 297 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T