Aman @Aman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37740 of 2024 Arising Out of PS. Case No.-196 Year-2023 Thana- SINDHIYA District- Samastipur ====================================================== Aman @Aman Kumar Singh Son of Nityanand Singh R/O Village- Baudeva, Ward no. 8, P.S. Singhiya, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

At the outset, learned counsel for the petitioner is permitted to make necessary correction/s in paragraph No.1 of the bail application.

3.

The petitioner seeks bail in connection with Singhiya P.S. Case No. 196 of 2023 instituted for the offence under Sections 341, 323, 324, 354 & 34 of the Indian Penal Code (for brevity 'the IPC'). Later on charge sheet has been submitted under Section 307 of the IPC.

4.

Prosecution case in brief is that when the informant was at his door, his cousin, namely, Nityanand Singh came at his door for signing some land related papers and on refusal,

Patna High Court CR. MISC. No.37740 of 2024(3) dt.31-07-2024 2/3 petitioner and other co-accused persons, assaulted the informant by means of dagger due to which he sustained injuries. 5.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 19-03-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

6.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it is evident that there is subsisting land dispute between the parties and both the parties are agnates. It is next submitted that there is delay of four days in lodging of the FIR. He goes on to submit that there is case and counter case between the parties. There is no specific allegation against the petitioner. It is submitted that injury report does not support the allegation of prosecution. It is lastly submitted that charge sheet has already been submitted in this case.

7.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 8.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, taking into account the case and counter case between the parties and

Patna High Court CR. MISC. No.37740 of 2024(3) dt.31-07-2024 3/3 charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

9.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Singhiya P.S. Case No. 196 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T