Patna High CourtCR. MISC./19497/2024bail granted

Pintu Singh v. The State Of Bihar

2024-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19497 of 2024 Arising Out of PS. Case No.-164 Year-2023 Thana- DEV District- Aurangabad ====================================================== PINTU SINGH S/O JIVRATAN SINGH R/O VILLAGE- KARAMDIH, P.SDEO, DISTT.- AURANGABAD. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Deo P.S. case No. 164 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution case, in short, is that all the accused persons assaulted the informant with sword, garasa, and rod. It is specifically alleged that this petitioner assaulted the informant on his head with sword.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that the allegation

Patna High Court CR. MISC. No.19497 of 2024(2) dt.18-03-2024 2/3 of assault against this petitioner is general and omnibus in nature. The only specific allegation against this petitioner is that he assaulted the informant with sword. Learned counsel further pointed out that the injury sustained by the informant on his head is simple in nature in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.12.2023 and has clean criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of injury, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Deo P.S. case No. 164 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.19497 of 2024(2) dt.18-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T