Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28930 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- PHENHARA District- East Champaran ====================================================== 1.

PAPPU SINGH Gauri Shankar Singh RESIDENT OF VILLAGE KALU PAKAR, P.S. PHENHARA, DISTRICT- EAST CHAMPARAN, MOTIHARI 2.

Mukesh Singh @ Mukesh Kumar Singh s/o Gauri Shankar Singh r/o Kalu Pakar, P. S. Phenhara, District-East Champaran, Motihari ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307, 354(B), 379, 504, 506 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioners have clean antecedent and the informant alleges that accused person came and started abusing and blocked her road and on protest by her son, accused person assaulted him, further Papu assaulted her with Gadasa causing injury on head, Santosh outraged her modesty and Rupesh snatched her

Patna High Court CR. MISC. No.28930 of 2023(2) dt.25-07-2023 2/3 Mangalsutra.

4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that no specific allegation of committing any overtact is alleged against the petitioner No.2. It is further submitted that injury suffered by the informant is simple in nature and the blow was not repeated by Papu. As such Pappu never had any intention of committing a serious offence. It is also submitted that on account of dispute relating to passage, occurrence took place, when petitioner admittedly are persons with clean antecedent.

5. Learned A.P.P. opposes the bail application.

6. Consideration the submissions made by the learned counsel for the petitioners and the fact that the injury suffered by the informant is simple in nature, the petitioners, abovenamed, in the event of their arrest or surrender before the learned Court below withing a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-5, Motihari, in connection with Phenhara P.S. Case

Patna High Court CR. MISC. No.28930 of 2023(2) dt.25-07-2023 3/3 No. 99 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The applications stands allowed.

(Satyavrat Verma, J) sanjeev/- U T