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Patna High CourtCR. MISC./43124/2022allowed

Ajay Singh v. The State Of Bihar

2022-11-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43124 of 2022 Arising Out of PS. Case No.-30 Year-2014 Thana- MADHUBAN District- East Champaran ====================================================== AJAY SINGH Son of Late Yogi Singh Resident of Village - Kaudiya, P.S.- Madhuban, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 147, 148, 149, 323, 324, 307, 379, 504, 447, 506, 448 of IPC.

Allegedly, the accused persons named in F.I.R. including the petitioner abused and assaulted the informant and informant's wife. Petitioner is said to have given farsa blow to the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. After completion of the investigation, police submitted the charge sheet against three FIR accused persons and on that basis the learned S.D.J.M took

Patna High Court CR. MISC. No.43124 of 2022(2) dt.29-11-2022 2/2 the cognizance on 16.05.2015 and discharged the rest accused persons, against which, the informant filed Cr. Revision No. 124/2015 before the learned 6th Additional Sessions Judge, East Champaran for setting aside the order taking cognizance. Thereafter, the learned S.D.J.M. took the cognizance against the petitioner and others u/s 341, 324, 307, 325, 447, 504, 506, 34 of I.P.C. Four similarly situated co-accused have been granted bail by different co-ordinate Bench of this Court and orders have been annexed as Annexures-2 & 2/1 to this application. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. 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. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madhuban P.S. Case No.30/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T