Laxman Singh v. State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30940 of 2021 Arising Out of PS. Case No.-480 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== 1.

LAXMAN SINGH Son of Late Khirodhan Singh R/o Village- Pande, P.S.- Paroo, Distt- Muzaffarpur.

2.

HIRA LAL SINGH VILLAGE PANDE ... ... Petitioner/s

Versus

STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP Mr. Amrendra Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-01-2022 Heard Mr. Santosh Kumar, learned Advocate for the petitioners and Mr. Amrendra Kumar Sinha for the informant. The State is represented by Mr. Ashok Kumar Singh, learned APP for the State.

Mr. Santosh Kumar seeks permission to withdraw the application with respect to petitioner no. 2 (Hiralal Singh), who has been arrested during the pendency of this petition.

The application with respect to petitioner no. 2 is dismissed as having become infructuous.

The petitioner no. 1 (Laxman Singh) seeks bail

Patna High Court CR. MISC. No.30940 of 2021(2) dt.17-01-2022 2/3 in anticipation of his arrest in connection with Paroo P.S. Case No. 480 of 2019 dated 13.11.2019 instituted for the offences under Sections 341, 323, 324, 325, 307, 427, 379 and 34 of the Indian Penal Code.

It has been alleged against the petitioner no. 1 that he gave a farsa blow on the person of one Satrughan Singh thereby injuring him.

In his defence, the learned counsel for the petitioner no. 1 has submitted that he is 65 years of age and the FIR has been lodged after 10 days of the occurrence and that also without any explanation. He has further submitted that there is a counter version of the occurrence too.

However, Mr. Amrendra Kumar Sinha, learned Advocate for the informant has informed this Court that the injuries suffered by the victim at the hands of the petitioner has been reported to be grievous in nature. With such accusation, I am not inclined to grant anticipatory bail to the petitioner no. 1.

Patna High Court CR. MISC. No.30940 of 2021(2) dt.17-01-2022 3/3 Accordingly, his prayer for anticipatory bail is rejected.

However, if the petitioner no. 1 surrenders before the court below and seeks bail, all the grounds noted above shall be taken into account and an order shall be passed without being prejudiced by the fact that the present application on his behalf has not been entertained.

(Ashutosh Kumar, J) krishna/- U T