Bala Singh @ Bala Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31174 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- SHAMBHUGANJ District- Banka ====================================================== BALA SINGH @ BALA KUMAR SINGH, SON OF LATE UPENDRA PD. SINGH @ UPENDRA NARAYAN SINGH, R/O VILLAGE- GULANI, P.S.- SHAMBHUGANJ, DISTRICT- BANKA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner apprehends his arrest in Shambhuganj P.S. Case No.164 of 2020, registered for the offences punishable under Sections 341, 323, 308, 379, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant with lathi on his head causing bleeding injury in his head. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.31174 of 2021(2) dt.20-01-2022 2/2 present case. It is submitted that the petitioner is the own Gotiya of the informant. It is further submitted that from perusal of the injury report (Annexure-2), it appears that the injuries are simple in nature. It is submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts that both sides are Gotiyas and the injuries sustained by the informant are simple in nature, let petitioner, above named, in the event of his arrest or surrender before the learned court below within 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 Additional Chief Judicial Magistrate-IV/Successor Court, Banka in connection with Shambhuganj P.S. Case No.164 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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