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Patna High CourtCR. MISC./33607/2023bail granted

Anugrah Singh @ Anugrah Kumar v. The State Of Bihar

2023-08-30Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33607 of 2023 Arising Out of PS. Case No.-442 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== ANUGRAH SINGH @ ANUGRAH KUMAR son of Rudranand Singh Village- Nimaithi Ps- Baheri Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Jha, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2023 Heard Mr. Pankaj Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Parmanand Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Baheri P.S. Case No. 442 of 2022 registered under Sections 341, 323, 325, 307, 379, 427, 504 and 34 of the Indian Penal Code.

3. The prosecution story, in brief, is that petitioner had assaulted the informant by causing grievous injury to the leg and the arm.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been dragged in the present case due to dirty village politics. Learned counsel further submits that the injury sustained by the informant is not

Patna High Court CR. MISC. No.33607 of 2023(3) dt.30-08-2023 2/2 on the vital part of the body as would appear from the F.I.R.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the rival submission as well as the allegation made in the F.I.R, the injury sustained by the informant who is the husband of the mukhiya is not on the vital part of the body as would appear from the F.I.R. In above view of the matter, the petitioner has made out a, prima facie, case to be released on anticipatory bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his 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 learned Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S. Case No. 442 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Purnendu Singh, J) minu/- U T