Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50919 of 2016 Arising Out of PS.Case No. -70 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Bittu Singh, son of Anant Singh, resident of Village- Parsa, Post OfficeBhondh, Police Station- Khaira, District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Poonam Singh For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Khaira P.S. Case No. 70 of 2016 registered under Sections 323, 341, 307, 504, 506 and 34 of the Indian Penal Code. The accusation is that on 20.03.2016, in the morning, the boys were playing cricket in the village Raipura, and the informant Niraj Kumar had gone to attend the call of nature. In course of quarrel between the boys, the informant tried to pacify the matter. Thereafter, Benju Singh, Jivan Singh, Vikey Singh and this petitioner surrounded the informant and started abusing. At that time, Benju Singh gave bat blow at the head of the informant, whereas this petitioner also caused injury at the head through bat.

Patna High Court Cr.Misc. No.50919 of 2016 (3) dt.06-12-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that while the occurrence is said to be of 20.03.2016, but the F.I.R. was lodged on 03.04.2016 without any plausible explanation. Moreover, co-accused Benju Singh @ Munna Kumar Singh, against whom there is allegation of causing bat blow at the head of the informant, has already been allowed anticipatory bail by Cr. Misc. No. 33105 of 2016 on 22.09.2016 by a Bench of this Court. Further, submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Jamui in connection with Khaira P.S. Case No. 70 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J) Shail/- U T