Jail Singh @ Gagan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23384 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- FALKA District- Katihar ====================================================== Jail Singh @ Gagan Singh, Son of Dinesh Singh, resident of Village - Kohwara, P.S. - Falka (pothia), Distt. - Katihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar Mr. Bhola Prasad Mr. Indrajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Falka (Pothia) P. S. Case No.327 of 2022 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 504, 506 and 324 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on account of dispute relating to land, the accused persons assaulted him and his nephew. Further, petitioner along with Baban Singh assaulted his nephew by sword and sharp weapon causing injury on his thumb, left hand and shoulder. Further, petitioner assaulted Gopal Singh by spear causing

Patna High Court CR. MISC. No.23384 of 2023(2) dt.14-07-2023 2/2 injury on thigh.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that the F.I.R. was instituted against 24 accused persons on account of dispute relating to land. It is next submitted that even presuming what has been alleged is true without admitting that the assault is not on vital part of the body.

5. The learned counsel for the petitioner, after some argument, seeks permission to withdraw the present anticipatory bail application.

6. Permission is accorded.

7. Accordingly, instant petition is dismissed as withdrawn.

8. However, in the event, if the petitioner surrenders on or before 01.08.2023, the learned trial Court shall try to dispose of the case on the same day keeping in mind that the occurrence took place on account of dispute relating to land and the assault was not on vital part of the body. (Satyavrat Verma, J) vikash/- U T