Balam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38573 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Balam Singh Son of late Banshi Singh resident of Village- Madarna P.S. & District Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s : Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 24-09-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 447 and 307 of the Indian Penal Code.

The prosecution case is that the accused persons came variously armed into the house of the informant and petitioner assaulted with sickle on the head of the informant causing fracture injury. Co-accused Prabhu Singh assaulted with lathi to the informant when other family members were also assaulted.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.38573 of 2015 (2) dt.24-09-2015 2/2 petitioner that the informant has received four injuries. Lacerated wound has been found on the head caused by hard and blunt substance. Two incised wound has been found on the person of the informant caused by hard and blunt substance when there is a counter version of the occurrence also. Moreover, the petitioner is aged 80 years.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the fact that the accusation is not being corroborated with the medical opinion, let the above named petitioner be released on anticipatory 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali (Sadar) P.S. Case No. 172 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T