← Library
Patna High CourtCR. MISC./37813/2020bail granted

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

2021-07-05Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37813 of 2020 Arising Out of PS. Case No.-126 Year-2020 Thana- DERNI BAZAR District- Saran ====================================================== Anil Singh @ Anil Kumar Singh, Son of Brij Bihari Singh, Resident of Village-Patti Shital, Police Station-Derni, District-Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Singh, Advocate.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Mr. Krishna Kumar Singh, learned counsel for the petitioner, Mr. Rakesh Kuamr, learned counsel for the informant and Ms. Suman Kumari Singh, learned A.P.P. appearing for the State through Video Conferencing.

The petitioner apprehends his arrest in connection with Derni P.S. Case No. 126 of 2020, registered under Sections 341, 326, 324, 307, 447 and 506/34 of the Indian Penal Code. The accusation is that due to old enmity, Anil Singh (petitioner), Sinth Kumar and Ashish Singh entered in the

Patna High Court CR. MISC. No.37813 of 2020(2) dt.05-07-2021 2/3 boundary wall of the house of the informant, Chandan Kumar Singh, in the evening of 22.07.2020 and on seeing the informant alone, Anil Singh (petitioner) started to assault through Farsa and Ashish Kumar Singh started to cause assault through Katta and lathi, in which, informant sustained grievous injury and became unconscious.

Learned counsel for the petitioner submits that, in fact, informant entered in the PDS shop of the petitioner and caused assault to him, regarding which, Derni P.S. Case No. 125 of 2020 is instituted under Sections 341, 323, 447, 504 and 379/34 of the Indian Penal Code on the basis of Fradebyan of petitioner. Further submission is that while it is alleged in the FIR that petitioner gave Farsa blow to the informant but the injuries, as found on the person of the informant, are caused by hard and blunt substance not by sharp cutting weapon. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial

Patna High Court CR. MISC. No.37813 of 2020(2) dt.05-07-2021 3/3 Magistrate Ist Class, Chapra, Saran, in connection with Derni P.S. Case No. 126 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T