Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36910 of 2020 Arising Out of PS. Case No.-55 Year-2020 Thana- FATEHPUR District- Gaya ====================================================== Pawan Singh, aged about 21 years, male, Son of Vijay Singh, Resident of Village- Gumma, P.S.- Fatehpur, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard Mr. N.K. Agrawal, learned Senior Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Fatehpur P.S. Case No. 55 of 2020, dated 14.04.2020, instituted for the offences under Sections 307, 448, 427, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.36910 of 2020(2) dt.08-04-2021 2/3 Seven persons have been named in the F.I.R. including the petitioner, who are alleged to have assaulted some of the victims of this case. So far as the petitioner is concerned, it is alleged that he gave a farsa blow on the head of one of the sons of the informant causing injury between his forehead and eye.

Mr. N.K. Agrawal, learned Senior Advocate for the petitioner has shown from the impugned order that the injury was found to be skin-deep. He has further submitted that the petitioner is a student of intermediate, who has falsely been made accused in this case because of a pending land dispute between the parties.

A proceeding under Section 144 Cr.P.C. is also pending between the parties with respect to nine decimals of land. In the aforesaid miscellaneous case before the S.D.O., the parties are the informant of this case and the mother of the petitioner. In the aforesaid miscellaneous case, because of the title dispute, the parties were directed to prefer a civil suit before a competent Court and pursuant to which direction, a Title Suit No. 117 of 2020 has been filed before

Patna High Court CR. MISC. No.36910 of 2020(2) dt.08-04-2021 3/3 the Civil Court.

The learned counsel for the petitioner also denies his presence at the place of occurrence as he was away prosecuting his studies at Gaya.

Regard being had to the facts afore-stated, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 10th Additional Chief Judicial Magistrate, Gaya in connection with Fatehpur P.S. Case No. 55 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T