Nagendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72125 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== Nagendra Singh, son of Ram Janam Singh, resident of Village- Rakiyan Bigha P.S. Amjhore, District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar Pandey, Advocate.

For the Opposite Party :

Smt. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 341, 323, 324, 307, 447 and 504 of the IPC.

The prosecution story, in brief, is that on 15.07.2018, at around 6 A.M., the informant alongwith his son Vikash Sharma was doing work at his field. In the meantime, Nagendra Singh (petitioner) came there and started to abuse them and on restrained all FIR named accused persons armed with Lathi, Danda, Garasa and Axe came there and started to assault with intention to kill him and Nagendra Singh (petitioner) gave Axe

Patna High Court Cr.Misc. No.72125 of 2018(2) dt.04-12-2018 2/3 blow on his head. Thereafter, accused persons also causing hurt to his both sons with Danda. On alarm, people arrived there and taken to police station from where sent to PHC Tilauthu for treatment.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J. M. Dihri, Rohtas or any other transferee court, in connection with Rohtas (Amjhore) P.S. Case No.

Patna High Court Cr.Misc. No.72125 of 2018(2) dt.04-12-2018 3/3 as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T