Golu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58140 of 2015 Arising Out of PS.Case No. -4 Year- 2015 Thana -GARDANIBAGH District- PATNA ====================================================== Golu Singh S/O Kanhaiya Singh, resident of Mohalla-Saristabad P.S. Gardanibag, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate For the Informant : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. M.Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Gardanibag P.S. Case No. 04 of 2015, disclosing offences under Sections 341, 342, 323, 324 and 307/34 of the Indian Penal Code.

Upon perusal of the First Information Report, it appears that the allegation against the present petitioner is that he assaulted the informant causing injuries on a finger of right hand. Learned counsel for the petitioner submits that the injury report does not suggest any injury on the right hand's finger of the informant.

Learned counsel appearing on behalf of the informant, on the other hand, has opposed the prayer for anticipatory bail and has submitted that the petitioner has attempted to suppress a material fact that he has criminal antecedent. He

Patna High Court Cr.Misc. No.58140 of 2015 (3) dt.30-01-2016 2/2 submits that the supplementary affidavit bringing on record the fact that the petitioner is an accused in another case is being filed. The same was pointed out on behalf of the informant in the present proceeding.

However, considering the nature of accusation and the submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, V, Patna in connection with Gardanibag P.S. Case No. 04 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T