Patna High CourtCR. MISC./38729/2023bail granted

Ashok Singh @ Faiku Singh v. The State Of Bihar

2023-11-01Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38729 of 2023 Arising Out of PS. Case No.-601 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Ashok Singh @ Faiku Singh Son Of Sarju Singh Resident Of Village - Barew, P.S. - Akbarpur (NEMDARGANJ), District - Nawada ... ... Petitioner/s

Versus

The State Of Bihar Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Akbarpur P.S. Case No. 601 of 2022 dated 24.10.2022 registered for the offence/s punishable u/ss 341, 323, 325, 379, 504 and 506 read with section 34 of the Indian Penal Code subsequently added section 342 and 307 of the IPC.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's brother with legs and fists. It is further alleged that the petitioner

Patna High Court CR. MISC. No.38729 of 2023(5) dt.01-11-2023 2/3 assaulted on the leg of the informant's brother due to that his leg got fractured.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is case and counter case between the parties. As per the injury report, the injury no. 1 is tenderness over right side leg and the other injury no. 2 is tenderness over right side knee caused by hard and blunt substance which are stated to be grievous in nature. The said injuries are on non-vital part of the body. The petitioner has two other criminal cases as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nawada in connection with Akbarpur P.S. Case No. 601 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.38729 of 2023(5) dt.01-11-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T