Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50050 of 2015 Arising Out of PS.Case No. -470 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Niraj Singh S/o Rama Shish Singh, Resident of Village - Chowki, P.S. - Lakhisarai, District - Lakhisarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Lakhisarai P.S.Case No. 470 of 2015 registered for the offences punishable under Section 302/ 34 of the Indian Panel Code.

Learned counsel for the petitioner submits that the present altercation took place on account of the land dispute. It is further submitted that in the alleged occurrence, there was no intention to harm anybody to the extent of which took place but it appears that there was some fight by fist and slaps which resulted into injuries. He further submits that the present FIR was lodged

Patna High Court Cr.Misc. No.50050 of 2015 (3) dt.29-01-2016 2/2 as an afterthought. The lady died in the hospital on 30.06.2015 and no explanation has been given for the delay in lodging the present FIR. It is further submitted that the lady in question was old and had been ailing since long and there was no serious injuries. Considering the nature of the allegations made against the petitioner and the manner of occurrence as indicated in the FIR and further that the petitioner has a clean antecedent, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S.Case No. 470 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anjana Mishra, J) ajaypd./- U T