Ful Kumar Singh @ Phul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29739 of 2024 Arising Out of PS. Case No.-538 Year-2023 Thana- KHAIRA District- Jamui ====================================================== 1.
FUL KUMAR SINGH @ PHUL KUMAR S/O PANKAJ KUMAR SINGH R/O VILLAGE- KHANDAICH, P.S- KHAIRA, DISTT.- JAMUI. 2.
ARBIND KUMAR SINGH S/O PANKAJ KUMAR SINGH R/O VILLAGE- KHANDAICH, P.S- KHAIRA, DISTT.- JAMUI. 3.
PANKAJ KUMAR SINGH S/O SURESH SINGH R/O VILLAGEKHANDAICH, P.S- KHAIRA, DISTT.- JAMUI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2024
1. Learned counsel for the petitioners, at the outset, seeks permission to withdraw the prayer for anticipatory bail with respect to petitioner no. 1 Ful Kumar Singh @ Phul Kumar.
2. Permission is accorded.
3. Accordingly, the prayer for anticipatory bail with respect to petitioner no. 1 is dismissed as withdraw.
4. Heard learned counsel for the petitioners no. 2 and 3, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.
5. The petitioners no. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 354(B), 379, 448, 504 and 506/34 of the
Patna High Court CR. MISC. No.29739 of 2024(2) dt.02-07-2024 2/3 Indian Penal Code.
6. Learned counsel for the petitioners no. 2 and 3 submits that petitioners no. 2 and 3 are persons with clean antecedent and have been falsely implicated in the instant case by the informant. It is further submitted that as far as allegation against petitioner no. 2 is concerned, it is alleged that he assaulted the informant by an iron rod causing injury on his nose but then from perusal of the injury report, it would manifest that the injured has not suffered any injury on nose and as far as petitioner no. 3, he is alleged to have assaulted the informant with rod while he fell down on the ground on account of which the hand of the informant was broken but then from perusal of the injury report, it would manifest that the injury is simple which amply demonstrates that hand of the informant did not get fractured.
7. Learned A.P.P. for the State and learned counsel for the informant opposed the prayer for anticipatory bail of the petitioners no. 2 and 3.
8. Considering the submissions made by the learned counsel for the petitioners no. 2 and 3, the petitioners no. 2 and 3 above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from
Patna High Court CR. MISC. No.29739 of 2024(2) dt.02-07-2024 3/3 today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Khaira P.S. Case No. 538 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T