Pintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36235 of 2023 Arising Out of PS. Case No.-297 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Pintu Singh Son Of Krishan Deo Singh Resident Of Village- Tetariya, PostDhibar, Ps- Fatehpur, Distt- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Onkar Nath, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-07-2023 Heard Mr. Onkar Nath, learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Fatehpur P.S. Case No. 297 of 2022 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioner is said to have assaulted the informant by means of iron rod over the dispute of installation of diesel motor in the pond due to which he sustained head injury. The other co-accused persons also assaulted the informant by means of sword on account of which he sustained severe injury and they also made firing for terrorizing the informant.
4. Learned counsel for the petitioner submits that from
Patna High Court CR. MISC. No.36235 of 2023(2) dt.25-07-2023 2/3 the FIR, it is evident that there is previous enmity on account of installation of motor over which a scuffle took place between the persons of both the sides, who are neighbours. He further submits that there is a counter version of the present case being Fatehpur P.S. Case No. 299 of 2022 lodged by the uncle of the petitioner against the informant and others. He next submits that as per his information, the injury sustained on the person of the informant is found to be simple in nature and, in this regard, a categorical statement is made in para-6 of the bail petition. The petitioner is a man of fair antecedent and he undertakes that he will fully cooperate in the trial and he will not indulge in intimidating the witness(s) or committing such crime in future.
5. On the other hand, learned counsel for the State opposes the application for grant of pre-arrest bail.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of dispute and the fact that there is a counter version of the present case, coupled with the fact that the injuries are found to be simple in nature, let the above named petitioner, be released on 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
Patna High Court CR. MISC. No.36235 of 2023(2) dt.25-07-2023 3/3 amount each to the satisfaction of learned C.J.M., Gaya in connection with Fatehpur P.S. Case No. 297 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) rohit/- U T