Dewan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10570 of 2020 Arising Out of PS. Case No.-46 Year-2019 Thana- PIPRIYA District- Lakhisarai ====================================================== DEWAN SINGH Son of Late Nandey Singh Resident of Village- Karari, P.S.- Piparia, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

This application, for grant of anticipatory bail, arises out of Piparia Police Station Case No. 46 of 2019, disclosing offences under Sections 147/148/149/448/307/325/379/506 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the informant on his head and hands by means of khanti.

Learned Counsel for the petitioner submits that both the parties are co-villagers and there is case and counter case between them inasmuch as the side of the petitioner has also lodged Piparia Police Station Case No. 47 of 2019 for the

Patna High Court CR. MISC. No.10570 of 2020(2) dt.25-06-2020 2/2 incident which has taken place on the same day. He, referring to Annexure 3, submits that the injuries caused to the informant have been found to be simple in nature.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers and there is case and counter case between them, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks from today, 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 learned Chief Judicial Magistrate, Lakhisarai, in connection with Piparia Police Station Case No. 46 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √