Gurudayal Singh @ Gurudayal Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24252 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- CHANDAN District- Banka ====================================================== GURUDAYAL SINGH @ GURUDAYAL KUMAR SINGH SON OF BHARAT SINGH Resident of village - Gauripur, P.S. - Chandan, Distt. - Banka ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 504 and 506 of the Indian Penal Code.
3. The informant alleges that Anandi assaulted him by axe causing injury on head and Munna assaulted by rod and rest accused assaulted by lathi causing injury, further the reason for the occurrence was that petitioner abused and asked him to return Rs. 25,000/- which he had spent on litigation as he was sent to jail based on the case
Patna High Court CR. MISC. No.24252 of 2023(3) dt.17-07-2023 2/3 filed by the informant.
4. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and has been falsely implicated in the present case, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that previous animosity was existing in between the informant and the petitioner, further allegation of assault is specific against Anandi and Munna. It is next submitted that no doubt an occurrence had taken place but then the informant took the same as an opportunity to falsely implicate the petitioner without alleging specific overt act against him.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner abovenamed, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.24252 of 2023(3) dt.17-07-2023 3/3 trial court where the case is pending/successor court in connection with Chandan P.S. Case No. 91 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. One of the bailors of the petitioner shall be his father Bharat Singh.
(Satyavrat Verma, J) GauravSinha/- U T