Niranjan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36818 of 2024 Arising Out of PS. Case No.-608 Year-2023 Thana- SIMRI BAKHTIYARPUR DistrictSaharsa ====================================================== Niranjan Kumar Singh Son Of Late Trishul Singh Village- Sardiha, Ps- Simari Bakhtiyarur, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satish Singh For the Opposite Party/s :

Mr. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 448, 341, 323, 307, 379, 384, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant on account of dispute relating to land being agnates. It is further submitted that the informant alleges that the accused persons including the petitioner on 17.10.2023 came to his house and Mithilesh Kumar Singh hold him out of the house by grabbing his color, thereafter, Ashwani Kumar Singh held him from behind and

Patna High Court CR. MISC. No.36818 of 2024(2) dt.27-06-2024 2/3 Ankit along with the petitioner are alleged to have assaulted the informant by butt of pistol over his whole body and petitioner further assaulted by butt of pistol over his nose and Ashok snatched Rs.5000/- and thereafter petitioner and Ankit demanded ransom of Rs.25,000/-. The learned counsel submits that the specific allegation of assaulting the informant by butt of pistol on nose is against the petitioner but then the informant did not suffer any injury on the nose, which casts an aspersion on the case of prosecution. It is also submitted that in the F.I.R., it is alleged that informant was taken to hospital but then from perusal of the F.I.R., it would manifest that an application from the hospital was sent by the informant for instituting an F.I.R. It is thus submitted that had the informant been injured then definitely the hospital would have informed the police and the fardbeyan would have been recorded in the hospital.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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/-

Patna High Court CR. MISC. No.36818 of 2024(2) dt.27-06-2024 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Simari Bakhtiyarpur P.S. Case No.608/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) amit/- U T