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Patna High CourtCR. MISC./19366/2021bail granted

Parmeshwar Singh v. The State Of Bihar

2022-03-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19366 of 2021 Arising Out of PS. Case No.-233 Year-2019 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

PARMESHWAR SINGH S/O RAMAYAN SINGH R/o village- Narayanpur, P.S.- Jagdishpur, District- Bhojpur 2.

Ramayan Singh S/o Prabhunath Singh R/o village- Narayanpur, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Advocate For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-03-2022 Heard Mr. Rama Kant Singh, learned Advocate for the petitioners and the learned APP.

The petitioners seek bail in anticipation of their arrest in connection with Jagdispur P.S. Case No. 233 of 2019 dated 25.07.2019 instituted for the offences under Sections 323, 324, 307, 341, 504, 379 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the informant by iron rod. However, despite the court below asking for the case diary and the injury report, the same were never provided.

The learned counsel for the petitioners has submitted that it appears that there is no injury report on record and that

Patna High Court CR. MISC. No.19366 of 2021(2) dt.25-03-2022 2/2 from the bare perusal of the FIR it would further appear that because of an old dispute, the occurrence is stated to have taken place.

The learned counsel for the petitioners submits that enmity cuts both ways and therefore the possibility of false implication of the petitioners cannot be ruled out. Regard being had to the aforestated facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - XI, Bhojpur at Ara in connection with Jagdispur P.S. Case No. 233 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T