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Patna High CourtCR. MISC./46193/2024allowed

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

2024-07-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46193 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- DARAUNDA District- Siwan ====================================================== 1.

Upendra Singh @ Upendra Kumar Singh Son Of Shatrughn Singh VillageBhauchapra, Ps- Daraunda, Dist- Siwan 2.

Rahul Singh Son Of Sanjay Singh Village- Bhauchapra, Ps- Daraunda, DistSiwan 3.

Sachin Kumar @ Sachin Kumar Singh Son Of Sanjay Singh VillageBhauchapra, Ps- Daraunda, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 447, 341, 323, 504, 324, 307 and 379 of the Indian Penal Code.

3. As per the prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.46193 of 2024(2) dt.24-07-2024 2/2 the informant, Nagendra Singh, has sustained grievous injury and the author of the grievous injury is co-accused Satish Singh. He further submits that though allegation against the petitioner is of assaulted the informant and his family members, but the injury was found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the nature of the injury, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Daraunda P.S. Case No.353 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T