Haribansh Kumar Singh @ Akhilesh Kumar Singh @ Akhilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53599 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- PIPRAKOTHI District- East Champaran ====================================================== HARIBANSH KUMAR SINGH @ AKHILESH KUMAR SINGH @ AKHILESH SINGH Son of Ramdeni Singh Resident of Village- Belwatiya, P.S.- Piprakothi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh, APP Mr.Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-05-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 149, 323, 324, 307, 427, 435, 504, 506, 379 of the Indian Penal Code. The allegation against the petitioner is that he along with other accused persons have indiscriminately assaulted the informant's side for a dispute regarding cutting of trees. 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 due to previous enmity.

Patna High Court CR. MISC. No.53599 of 2021(2) dt.17-05-2022 2/2 No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is submitted that for the alleged occurrence, there is a case and counter-case between the parties. In the said scuffle, both sides have sustained injuries and the injuries are simple in nature. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is case and counter-case between the parties and the injuries are simple in nature, 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 Piprakothi P.S. Case No.48/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T