Manindra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2321 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- DAUDPUR District- Saran ====================================================== 1.

MANINDRA SINGH S/o Sri Mangal Singh R/o village- Saryupar, P.S.- Daudpur, District- Saran at Chhapra 2.

SONU KUMAR SINGH S/o Sri Ramashankar Singh @ Bhikhari Singh R/o village- Saryupar, P.S.- Daudpur, District- Saran at Chhapra ... ... Appellant/s

Versus

1.

The State of Bihar Bihar 2.

RAJESH KUMAR PRASAD S/o Shivjee Prasad R/o village- Saryupar, P.S.- Daudpur, District- Saran at Chhapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Yashraj Bardhan, Advocate For the Respondent/s :

Mr.Sadanand Paswan, Spl. Public Prosecutor for respondent no.2 Mr. CM Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2022 Heard learned counsel for the appellants, the State and respondent no.2.

The present appeal is directed against the order dated 24.5.2022, passed by learned Additional Sessions Judge III cum Special Judge, SC/ST Act, Saran at Chapra in a case registered for the offence punishable under Sections 307/506 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and Section 3 (i) (r) (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby anticipatory bail of the appellants has been rejected. Appellant no.1 is order giver and appellant no.2 is

Patna High Court CR. APP (SJ) No.2321 of 2022(3) dt.16-11-2022 2/2 alleged to have assaulted causing grievous injury to respondent no.2 and his brother.

Learned counsel for the state and the informant on the other hand oppose the prayer for bail.

As appellant no.1 is order giver, this appeal is allowed with respect to him and the impugned order dated 24.5.2022, is set aside.

Accordingly, in the event of arrest or surrender by the appellant no. 1, above named, before the court below within eight weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge III cum Special Judge, SC/ST Act, Saran at Chapra in Daudpur Police Station Case No. 41 of 2022. With respect to appellant no.2, considering the fact that he caused grievous injury to the informant and his brother, I do not find any ground to interfere with the order of the learned court below and as such, the appeal, seeking pre-arrest bail to the appellant no.2, is hereby dismissed. (Prabhat Kumar Singh, J) Shashi U T