Birendra Kumar Singh @ Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14571 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -PARSABAZAR District- PATNA ======================================================

1. Birendra Kumar Singh @ Birendra Singh aged about 52 years, S/o Late Ram Dahin Singh, Resident of Village Bindgawan, P.S.- Barhara, DisttBhojpur. A/p Mohalla- Defence Colony, Kankarbagh, Distt- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shri Krishna Sinha For the Opposite Party/s : Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-04-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Parsa Police Station Case No. 193 of 2015, disclosing offences under Sections 147, 149, 341, 323, 448, 447, 307, 379, 504 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted the informant with an iron rod on his head. It is submitted on behalf of the petitioner that property dispute between the parties is the reason for institution of the First Information Report. He has further submitted that the injury has been found to be simple in nature and no offence under Section 307 of the Indian Penal Code is made out on

Patna High Court Cr.Misc. No.14571 of 2016 (2) dt.21-04-2016 2/2 the basis of what has been alleged in the First Information Report.

I find substance in the submission so advanced on behalf of the petitioner.

This application is, accordingly, allowed.

Let the petitioner, Birendra Kumar Singh @ Birendra Kumar, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Patna, in connection with Parsa Police Station Case No. 193 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √