Anup Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42700 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.
ANUP KUMAR SINGH SON OF LATE RAM PUJAN SINGH VILLAGEPO- KARISATH, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR 2.
RAM KISHORE SINGH SON OF LATE RAMASHRAY SINGH VILLAGE-PO- KARISATH, P.S.- UDWANT NAGAR, DISTT.- BHOJPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Manoj Kumar Singh, Advocate For the State :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per prosecution case, Petitioner No. 1 is alleged to have assaulted on the head of informant by means of iron rod and Petitioner No. 2 is alleged to have instigated other accused persons to assault informant.
4. It is submitted by learned counsel appearing on behalf of the petitioners that due to land dispute between the parties, for which case under Section 144 of the Cr.P.C. is
Patna High Court CR. MISC. No.42700 of 2024(2) dt.22-07-2024 2/3 pending before the Court of learned S.D.M., Sadar, Ara, a simple occurrence took place. Injuries allegedly caused by these petitioners have been opined to be simple in nature. Moreover, from bare perusal of the F.I.R. it is apparent that the alleged occurrence took place on 23.12.2023, however, the F.I.R. has been lodged after delay of 15 days on 07.01.2024, without any plausible explanation for the same. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the aforesaid facts and circumstances, nature of injuries sustained by the injured, delay in lodging of the F.I.R. and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Udwantnagar P.S. Case No. 11 of 2024, subject to condition as laid down
Patna High Court CR. MISC. No.42700 of 2024(2) dt.22-07-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T