Hari Narayan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34477 of 2023 Arising Out of PS. Case No.-14 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.
HARI NARAYAN SINGH DHRUV PRASAD SINGH @ DHRUV SINGH R/O Village-Chatiya, P.S.-Govindganj, Distt. East Champaran 2.
MUKESH SINGH S/O DHRUV PRASAD SINGH @ DHRUV SINGH R/O Village-Chatiya, P.S.-Govindganj, Distt. East Champaran 3.
ARUN SINGH @ ARUN KUMAR SINGH S/O DHRUV PRASAD SINGH @ DHRUV SINGH R/O Village-Chatiya, P.S.-Govindganj, Distt. East Champaran 4.
DHRUV PRASAD SINGH @ DHRUV SINGH R/O Village-Chatiya, P.S.- Govindganj, Distt. East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore@ Kundan Kumar, Adv.
For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 504, 354, 379/34 of the IPC.
3. As per the prosecution case, the petitioners and other co-accused persons assaulted the informant and his family by means of iron rod and gardasa.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no
Patna High Court CR. MISC. No.34477 of 2023(2) dt.25-07-2023 2/3 offence. They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. In the alleged occurrence both sides have sustained injuries, which were found simple in nature and there is a case and counter-case between the parties. It is further submitted that the learned Court below rejected the anticipatory bail application of the petitioners on the basis that the petitioners have enjoyed the benefit of section 41A of the Cr.P.C. Police has filed charge sheet against the petitioners and cognizance was taken u/s 307 and other sections of IPC. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries were found simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court
Patna High Court CR. MISC. No.34477 of 2023(2) dt.25-07-2023 3/3 in connection with Govindganj (Malahi) P.S. Case No.14/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T