Patna High CourtCR. MISC./23049/2016bail granted

Gopal Singh v. The State Of Bihar

2016-05-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23049 of 2016 Arising Out of PS.Case No. -64 Year- 2015 Thana -ARA HARIJAN District- BHOJPUR ======================================================

1. Gopal Singh, Son of Late Tarkeshwar Singh, Resident of Village- Narahi P.S.- Chandi District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s : Mr. Rakesh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506/34 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act. The prosecution case is that on 5.08.2015 at 4.30 P.M. in the Chandi Market the informant accidentally put his foot on the foot of petitioner Gopal Singh, as a result the petitioner abused him by calling caste name. On protest being made, the accused persons assaulted the informant with fists and slaps.

It is submitted by the learned counsel for the petitioner that for the occurrence of 05.08.2015 the First Information Report was lodged on 07.08.2015, when the

Patna High Court Cr.Misc. No.23049 of 2016 (2) dt.23-05-2016 petitioner lodged Chandi P.S. Case No. 70 of 2015 on 05.08.2015. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the nature of accusation and the case lodged by the petitioner at earlier point of time, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bhojpur, Ara in connection with Bhojpur (Ara) SC/ST P.S. Case No. 64 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) P.K./- U T