Bachchu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25273 of 2024 Arising Out of PS. Case No.-256 Year-2023 Thana- SARMERA District- Nalanda ====================================================== Bachchu Singh, Male, aged about 89 years, Son of Late Harbansh Singh Resident of Village- Pyarepur, P.S.- Samera, Dist.- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivam, Advocate For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-04-2024 Heard Mr. Shivam, learned counsel appearing on behalf of the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Sarmera P.S. Case No. 256 of 2023 registered for the offence(s) punishable under Sections 341, 323, 325, 307, 385, 387, 504, 506 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR in course of construction of a school building, a mason had sustained injury. Further allegation is that on the order of petitioner, co-accused Pappu Singh and Pranab Kumar have assaulted the mason.
4. Learned counsel appearing on behalf of the petitioner submitted that informant is the manager of the construction company, namely, M/s Anil Kumar's Company, in
Patna High Court CR. MISC. No.25273 of 2024(2) dt.24-04-2024 2/3 which the said mason was working. The petitioner is the donor of the school land and due to enmity with headmistress of the school, a false case has been lodged against him. Petitioner admits that due to accidental fall of the mason, he sustained injury, who was referred to Sadar Hospital, Biharsharif to be treated by the doctor, who opined that injuries sustained by him are simple in nature. Petitioner is aged about 89 years and he has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation, as also the fact that due to enmity with the headmistress of the school, name of the petitioner has been dragged in the present case and also the fact that petitioner is aged about 89 years, having clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda in
Patna High Court CR. MISC. No.25273 of 2024(2) dt.24-04-2024 3/3 connection with Sarmera P.S. Case No. 256 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) Sanjay/- U T