Ajit Kumar Singh @ Dablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43454 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- DINARA District- Rohtas ====================================================== Ajit Kumar Singh @ Dablu son of late Brij Kishore Singh R/o vill. Belwaiyan, P.S. Dinara ( Bhanas) Dist. Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Siddharth Harsh For the Opposite Party/s :
Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Dinara ( Bhanas) P.S. case no. 56 of 2018 instituted for the offence under Section(s) 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that there is case and counter case between the parties. The mother of this petitioner has lodged Dinara P.S. case no. 57/2018 in which this petitioner has sustained head injury. It is further pointed out that Title Suit no. 146 of 2013 is pending between parties.
In the instant case, it is alleged that this petitioner made firing causing injury to Vijay Prasad. Petitioner has annexed
Patna High Court Cr.Misc. No.43454 of 2018(3) dt.27-07-2018 2/3 the injury report of injured Vijay Prasad as Annexure-5 which shows that he sustained lacerated wound below left knee joint and it is mentioned in the injury report that petitioner has been referred to Trauma Centre B.H.U. for better treatment. Opinion with respect to injury has been kept reserved. The injury report with respect to injury sustained by the petitioner in counter case vide Dinara P.S. case no. 57 of 2018 has been annexed as Anenxure-3 which shows that he sustained lacerated wound on head with bleeding and he was referred to Trauma Centre B.H.U. for better treatment of the injuries. In this manner, from perusal of Annexure(s) 3 and 5 it is apparent that injuries have been sustained by both the sides. Petitioner has also sustained bleeding injury.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dinara ( Bhanas) P.S. case no. 56 of 2018 , he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM Bikramganj, Dist. Rohtas , subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.43454 of 2018(3) dt.27-07-2018 3/3 bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) shyambihari/- U T