Dipak Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32271 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- PIPRAHI District- Sheohar ====================================================== DIPAK KUMAR SINGH SON OF MR. VIJAY KUMAR SINGH Resident of Village- Indarva Khurd, P.S. Piprahi, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP For the Informant :

Ms. Shatabdi Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2023

1. Heard learned counsel for the parties.

2. The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Piprahi P.S. Case no. 36 of 2023 registered under sections 307, 341, 342, 323, 324, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons including the petitioner herein as also three others are said to have come variously armed and of having assaulted the son of the informant. The petitioner is said to have assaulted with an iron rod causing injury on the head of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner happens to be an Executive Assistant Engineer and there is case

Patna High Court CR. MISC. No.32271 of 2023(3) dt.11-09-2023 2/3 and counter case between the parties, the counter case having been lodged by the brother of the petitioner against the informant of the present case. Learned counsel further referring to the injury report of the informant submits that the same does not support the prosecution case in so far as the injury on the informant has been found to be caused by a 'sharp substance' besides the same being simple in nature. The petitioner has no criminal antecedent. He undertakes to cooperate in the case/trial.

5. The application for the bail is opposed by learned counsel for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him of having assaulted the informant with an iron rod on his head and the said allegation is supported by the injury report.

6. Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the contents of the injury report especially with respect to the injury attributable to this petitioner together with this petitioner being an Executive Assistant Engineer having no criminal antecedent, in the event of his arrest or surrender within four weeks, the petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.32271 of 2023(3) dt.11-09-2023 3/3 bail in connection Piprahi P.S. Case no. 36 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sheohar. (Partha Sarthy, J) Prakash/- U