Ramanuj Singh @ Ramanuj Kumar Singh @ Seth Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40376 of 2023 Arising Out of PS. Case No.-51 Year-2021 Thana- TETERHAT District- Lakhisarai ====================================================== RAMANUJ SINGH @ RAMANUJ KUMAR SINGH @ SETH SINGH SON OF LATE SHRI SINGH RESIDENT OF VILLAGE- SONDHI, PSTETARHAT, DISTT- LAKHISARAI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehend his arrest in connection with Tetarhat P.S. Case No. 51 of 2021 for the offence punishable under Section 341, 323, 308, 379, 504, 427 and 34 of the I.P.C. lodged on 19.05.2021 by the informant Janardan Singh As per the prosecution story, the allegation is that when he was digging the ground for fixing tiles in the temple, accused persons variously armed came started abusing him. When it was objected, allegation is that Gautam Kumar assaulted with 'khanti' which hit the right hand of Nitish Kumar resulting into injury. Further allegation against this petitioner and Banti Kumar is/are of thrashing the son as also Nitish
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Learned counsel for the petitioner submits that though there is allegation of assault on hand and the head, the C.T Scan was advised by the doctor which was never done by the informant and as such it is not the case of the prosecution that the same was found to be grievous in nature. Last submission is that, he do not carry criminal antecedent.
Learned APP opposes the prayer stating the that there is allegation of assault.
Considering the submission put forward by the learned counsel for the petitioner as also that the materials on record do not show that the injury have been found grievous in nature and he do not have criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
Let the petitioner, in the event of his arrest or surrender within a period of four weeks from the date of the receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Tetarhat P.S. Case No. 51 of 2021, subject to condition as laid down under Section 438(2) of
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(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the anticipatory bail application is allowed.
(Rajiv Roy, J) Jagdish/Jyoti/- U T
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