Hari Charan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44759 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- BYPASS District- Patna ====================================================== Hari Charan Singh Son of Late Mukhlal Singh R/O Vill.- Marchi, P.S.- Bypass, Dist.- Patna ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Bypass P.S. Case No. 390 of 2023 dated 17.08.2023, instituted for the offence punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 14.06.2023 at about 06:00 am, when the informant tried to use common government toilet then the F.I.R. named accused persons started abusing and assaulting the informant with lathi and bricks. It is further alleged that co-accused Sunil Kumar Singh hit the informant by bricks due to which he received
Patna High Court CR. MISC. No.44759 of 2024(2) dt.24-07-2024 2/3 injury. It is further alleged that accused persons snatched golden mangalsutra and jitiya from the wife of informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is aged about 75 years. It is further submitted that there is no specific allegation against the petitioner, rather, the allegations are general and omnibus in nature. There is specific allegation against Sunil Singh, who assaulted the informant by bricks leading to lip and teeth injuries. Petitioner happens to be the father of said Sunil Singh due to which he has been falsely implicated in this case. Lastly, it has been submitted that the petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Bypass P.S. Case No. 390 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.44759 of 2024(2) dt.24-07-2024 3/3 ACJM, Patna City, Patna, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T