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Patna High CourtCR. MISC./18075/2022allowed

Deepak Singh v. The State Of Bihar

2022-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18075 of 2022 Arising Out of PS. Case No.-261 Year-2021 Thana- ROSERA District- Samastipur ====================================================== DEEPAK SINGH Son of Jibach Singh Resident of Village- Muradpur, Ward No.10, Police Station- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Jha For the Opposite Party/s :

Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Rosera P.S. Case No.261 of 2021, registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 504, 506, 354(B) and 379 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. The petitioner and other co-accused persons came armed with deadly weapons at the door of the informant and started abusing him. When the informant forbad them, the accused persons started assaulting him. When the sons and wife of the informant came to save him, they were also assaulted. The petitioner is said to have torn the clothes of the wife of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.18075 of 2022(2) dt.18-08-2022 2/2 present case and he has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is admitted land dispute between the parties and Title Suit No.39 of 2016 is going on between them. Learned counsel for the petitioner also submits that co-accused, Babita Devi and Radha Devi have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 16.05.2022, passed in Cr. Misc. No.7154 of 2022.

Taking into consideration the fact that there is no allegation of assault against the petitioner, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rosera, District Samastipur in connection with Rosera P.S. Case No.261 of 2021, subject to the conditions laid down under Sections 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T