Yaswant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48048 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Yaswant Singh, Son of Ramvilash Singh Resident of Village- Bhagwanpur, P.S.- Bhagwanpur, Dist.- Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manish Chandra Gandhi For the Opposite Party/s :
Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-08-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 406, 420, 504, 506 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that he was intercepted by the petitioner and an unknown at 2.05 A.M. while he was returning from a Yagya. Further, the accused abused him and said to tell maternal uncle (mama) not to demand his money back from the petitioner, on which an altercation took place and thereafter, petitioner assaulted him by an iron rod causing injury on head. Thereafter,
Patna High Court CR. MISC. No.48048 of 2024(2) dt.06-08-2024 2/3 informant's brother came and took him to P.H.C. from where he was referred to Sadar Hospital Hajipur. It is next alleged that petitioner had taken Rs.10,50,000/- from his Mama on pretext of selling his land, when the land does not belong to the petitioner.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is also submitted that prior to the institution of the instant F.I.R., the petitioner was not even known to the informant and no occurrence as alleged ever took place and the injury report is manipulated. It is next submitted that on intervention of well-wishers, the parties have compromised the case as would manifest from Annexure-1 to the first supplementary affidavit which contains compromise petition dated 05.06.2024.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.48048 of 2024(2) dt.06-08-2024 3/3 satisfaction of Sri Bimlesh Kumar, the learned A.C.J.M.-VIth, Vaishali at Hajipur in connection with Bhagwanpur P. S. Case No.107 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that the learned trial Court before accepting the bail bonds of the petitioner shall verify the compromise petition and in the event, if the informant disputes the compromise petition, in that event, the present anticipatory bail order shall not been given effect to. (Satyavrat Verma, J) vikash/- U T