Krishna Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30440 of 2024 Arising Out of PS. Case No.-705 Year-2023 Thana- JAMUI District- Jamui ====================================================== Krishna Singh Son of Late Madan Singh, Resident of village -Nimarang, Ward no.-29, P.S.-Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Jamui P.S. Case No.705 of 2023 instituted under Sections 341, 323, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, when the informant stopped the accused persons from cutting bamboo, they caught him and co-accused Ranjeet Singh attacked him with an axe. Other coaccused Akhilesh Singh gave kutta blow on him. The allegation against the petitioner is that he rolled gamchha in the throat of informant due to which he was suffering from suffocation.

4. Learned learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to previous enmity as there was case and counter case

Patna High Court CR. MISC. No.30440 of 2024(2) dt.20-05-2024 2/2 between the parties. The injury on the injured was found to be simple in nature caused by hard and blunt substance which does not support the prosecution case. He further submits that the petitioner has three criminal antecedents out of which two are criminal complaints and one case has been filed by mother-inlaw of the informant, in which the petitioner is on bail. The petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case No.705 of 2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T