Tilak Singh @ Tilak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28417 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- AWTARNAGAR District- Saran ====================================================== Tilak Singh @ Tilak Kumar, S/O Ajay Singh, R/O Village- Fatehpur chain Suara, P.S- Awtarnagar, Distt.- Saran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Awtar Nagar P.S. Case No. 136 of 2022 registered for the offences punishable under Sections 341, 323, 324, 379, 307, 504, 506, 34 of the Indian Penal Code. He has got one criminal antecedent.
3. As per the prosecution story, on 09.07.2022 around 09:30 P.M., After having dinner, when the informant was walking, the petitioner and the co-accused came and started abusing him. When the informant forbade them not to abuse, this petitioner gave farsa blow on his head and co-accused Ajay Singh gave iron rod blow on his head as a result of which the informant fell down. It is alleged that this petitioner took away gold chain from his neck and Rs.1000/- from his pocket.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.28417 of 2023(2) dt.14-07-2023 2/2 petitioner is innocent and has falsely been implicated in this case.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the materials present on the record showing that this petitioner had assaulted the informant by a farsa on his head and thereafter Ajay Singh, co-accused had assaulted by iron rod, the learned Sessions Judge has recorded that the injury report is showing huge bleeding and injury on left parietal region of head which has been found grievous in nature by sharp cut weapon, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer for anticipatory bail of the petitioner is, thus, refused.
8. In case the petitioner surrenders and prays for regular bail within a period of four weeks from today in the learned court below, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.
9. The application stands disposed of.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T