Bharat Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45955 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- SAHAJITPUR District- Saran ====================================================== 1.
BHARAT SINGH SON OF SHIV PUJAN SINGH RESIDENT OF VILLAGE- BANGALI PATTI, PS- SAHAJITPUR, DISTT- SARAN AT CHAPPRA 2.
RAJEEV PRATAP SINGH @ RAJAN SINGH @ RAJEEV SINGH SON OF BHARAT SINGH RESIDENT OF VILLAGE- BANGALI PATTI, PSSAHAJITPUR, DISTT- SARAN AT CHAPPRA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Mishra, Advocate.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2023 Heard learned counsel for the parties concerned.
2. Petitioners apprehend their arrest in connection with Sahajitpur P.S. Case No. 48 of 2023 dated 2.4.2023 registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. As per the First Information Report, on the date of occurrence, on 31.3.2023 about 6:00 PM, when the informant had gone to attend the nature's call, the petitioners along with other accused persons surrounded and pressurized the informant to withdraw the earlier case filed by him. It has further been alleged that the petitioners assaulted the informant by means of a sharp cutting weapon (Daab) on his hand and head.
Patna High Court CR. MISC. No.45955 of 2023(2) dt.06-09-2023 2/3
4. Learned counsel for the petitioners submits that both the parties are co-villagers and there is previous enmity between the parties as would be evident from the statement made in the First Information Report. He further submits that there is case and counter case between the parties and the petitioner No. 1 has lodged a FIR bearing Sahajitpur P.S. Case No. 49 of 2023 against the informant and other accused persons under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code. He next submits that the injuries caused to the informant are simple in nature. He also submits that petitioners have also sustained injuries due to assault made upon them by the informant and others. The petitioners are having no criminal antecedents.
5. Regards being had to the submission made by the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case between them and the injuries caused to the informant are simple in nature, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with
Patna High Court CR. MISC. No.45955 of 2023(2) dt.06-09-2023 3/3 two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st, Saran, in connection with Sahajitpur P.S. Case No. 48 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T