Karan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50378 of 2024 In CRIMINAL MISCELLANEOUS No.23651 of 2024 Arising Out of PS. Case No.-79 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Karan Singh, Son of Ashok Singh @ Ashok Kumar Ray, Resident of Village - Badaka Manjha, P.S. - Mairwa, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2024 The present petition has been filed for modification of the order dated 01.05.2024 passed by this Court in Cr. Misc. No. 23651 of 2024 in connection with Mairwa P.S. Case No. 79 of 2023.

2. While granting anticipatory bail to the petitioner one of the conditions imposed was that if more than one injury was found on the person of the informant then his bail bond will not be accepted by the learned trial court. It seems submission was made about only one injury caused on the victim on assault by the petitioner which was duly noted in the previous order. However, thereafter it transpires two more injuries were found on the person of the victim on assault by the petitioner.

Patna High Court CR. MISC. No.50378 of 2024(2) dt.12-07-2024 2/3

3. Learned counsel at the outset seeks apology for making wrong submission on the last date. Learned counsel submits that he went by the rejection order of the Sessions Court. However, the other two injuries are only swelling on right elbow and a contusion on right hip and these are quite simple and superficial injuries. There is no fracture or any other injury. Learned counsel further submits that it was an inadvertent mistake and he tenders unqualified apology to this Court for his mistake. Learned counsel further submits that having regard to the aforesaid facts, the order dated 01.05.2024 may be modified by deleting the above noted condition and time period for surrender of the petitioner may be extended.

4. Learned APP opposes the submission made on behalf of the petitioner.

5. Having considered the facts in totality and considering the fact that the main injury which was on head was considered by this Court and other injuries are simple and nonserious, the order dated 01.05.2024 is modified and the condition "if more than one injury is found on the person of the informant, then his bail bond will not be accepted by the learned trial court." is deleted and the time for surrender of the petitioner is extended by further four weeks from today.

Patna High Court CR. MISC. No.50378 of 2024(2) dt.12-07-2024 3/3

6. In view of the aforesaid facts, the order dated 01.05.2024 is modified to the aforesaid extent only.

7. Accordingly, the present petition stands disposed of.

(Arun Kumar Jha, J) DKS/- U T