Pappu Singh @ Deepak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31297 of 2022 Arising Out of PS. Case No.-9 Year-2022 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.
PAPPU SINGH @ DEEPAK SINGH S/o Late Janardan Singh Resident of village - Pahsara, P.S. - Nawkothi, District - Begusarai. 2.
Dippu Singh @ Dilip Kumar Singh S/o Late Janardan Singh Resident of village - Pahsara, P.S. - Nawkothi, District - Begusarai. 3.
Vikash Kumar @ Vikash Kumar Singh S/o Pappu Singh Resident of village - Pahsara, P.S. - Nawkothi, District - Begusarai. 4.
Shivam Kumar S/o Dippu Singh Resident of village - Pahsara, P.S. - Nawkothi, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP For the Informant/s :
Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-11-2022 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 448, 354, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that on 11.01.2022 at about 5:00 AM, when she woke up, she saw that all the four named accused persons have broken the wall with Khanti and Kudali, upon which she protested
Patna High Court CR. MISC. No.31297 of 2022(2) dt.22-11-2022 2/3 when the accused dashed her on the ground, thereafter Shivam Kumar grabbed her hair and assaulted her and snatched her golden earrings and when her son came to rescue her Vikash snatched his gold chain and assaulted him with sharp edged weapon causing injury near his mouth.
Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that on account of dispute relating to boundary, the present occurrence is alleged to have taken place, it is also submitted that parties are related and are Gotiyas and the injuries suffered are simple in nature which amply demonstrates that petitioners never had any intention of committing a serious occurrence and thus the case is not under Section 307 of the Indian Penal Code.
Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail of the petitioners, but are not able to meet the submissions of the learned counsel for the petitioners that the injury is simple in nature.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.31297 of 2022(2) dt.22-11-2022 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Nawkothi P.S. Case No. 09 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T