Shivji Singh @ Shivjee Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1106 of 2020 Arising Out of PS. Case No.-268 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Shivji Singh @ Shivjee Singh S/o Late Sitaram Singh 2.

Ajay Singh S/o Shivji Singh @ Shivjee Singh 3.

Vijay Singh S/o Shivji Singh @ Shivjee Singh All Resident of village- Mathauli Khas, P.S.- Uchakagaon, DistrictGopalganj. ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Indrajeet Bhushan For the Respondent/s :

Mrs.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-12-2020 At the outset, it was informed by learned counsel for appellants that during pendency of this appeal, appellant no. 1 (Shivji Singh) has already been arrested and as such, he seeks permission to withdraw this appeal so far as appellant no. 1 Shivji Singh is concerned.

Permission granted. The appeal stands dismissed as withdrawn so far as appellant no. 1 is concerned. Heard the parties.

The present appeal has been filed against order dated 13-02-2020 passed by learned A.D.J.-I-cum-Special Judge, Gopalganj in Uchakagaon P.S. Case No. 268 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and Section 3(1)(R) & (2)(Va) of SC/ST Act,

Patna High Court CR. APP (SJ) No.1106 of 2020(3) dt.17-12-2020 2/3 whereby the prayer for anticipatory bail of appellants was rejected.

As per the prosecution case, appellant no. 2 Ajay Singh is said to have assaulted the son of the informant by farsa and so far as appellant no. 3 Vijay Singh is concerned, it is alleged that he was also present there alongwith other coaccused persons. It is submitted on behalf of appellants that there is case and counter case. From perusal of injury report (Annexure - 3), it appears that injury sustained by the son of informant has been found to be simple in nature caused by hard & blunt substance. The appellants have no criminal antecedent, which fact has been stated in paragraph - 3 of the memo of appeal. So far as allegation of abusing is concerned, same was against coaccused Shivji Singh. Considering the aforesaid facts & circumstances as well as nature of allegation, the impugned order dated 13-02-2020 passed by learned A.D.J.-I-cum-Special Judge, Gopalganj in Uchakagaon P.S. Case No. 268 of 2019 is set aside and appeal is allowed.

Accordingly, let the appellants no. 2 & 3 namely Ajay Singh and Vijay Singh, in the event of arrest or surrender within

Patna High Court CR. APP (SJ) No.1106 of 2020(3) dt.17-12-2020 3/3 a period of eight weeks from the date of receipt/production of copy of this order, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-I cum Special Judge, Gopalganj in connection with Uchakagaon P.S. Case No. 268 of 2019.

(Prabhat Kumar Singh, J.) anay/- U T