Pannu Singh @ Saurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40981 of 2020 Arising Out of PS. Case No.-132 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== Pannu Singh @ Saurav Kumar Son of Late Ramnaresh Singh @ Naresh Singh Resident of Village - Sadipur, P.S.- Buniyadganj, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigank Mauli, Advocate Mr. Vinay Mistry, Advocate Mr. Venkatesh Kirti, Advocate Mr. Sanket, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-03-2021 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Buniyadganj P.S. Case no. 132 of 2020 registered under sections 307, 341, 323, 326, 504 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated that while the petitioner caught hold of the son of the informant, it is Sonu Singh who struck the informant's son with a knife causing injuries. He was taken to Sri Ganga Ram Hospital, Gaya where he was treated.

It is submitted by learned counsel for the petitioner that there was case and counter case between the parties, the correct version having been mentioned in the FIR which has been

Patna High Court CR. MISC. No.40981 of 2020(2) dt.02-03-2021 2/3 brought on record as Annexure 2 to the petition. It is further submitted that while the petitioner is stated to have taken to the Sri Ganga Ram Hospital, Gaya the injury report relates to the Blue Diamond Hospital, Patna. Further, referring to the order of the learned Court below it is submitted that the contents of the case diary have been dealt with in detail in its order by the learned Court below. From perusal of the order it would transpire that the petitioner was taken to the Sri Ganga Ram Hospital, Gaya where he was only given first aid treatment and from there he was taken to the Blue Diamond Hospital, Patna. It is further submitted that the injury which has been found in the injury report brought on record as Annexure 3 to the petition is directly attributable to co-accused Sonu Singh and not the petitioner herein who has no criminal antecedent and is in custody since 26.8.2020. Investigation in the case has concluded and charge sheet has been submitted.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration that the allegation of overt act is against coaccused Sonu Singh and not the petitioner herein, the petitioner not having any criminal antecedent, being in custody since

Patna High Court CR. MISC. No.40981 of 2020(2) dt.02-03-2021 3/3 26.8.2020 and the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Buniyadganj P.S. Case no 132 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate VIII, Gaya.

(Partha Sarthy, J) Prakash/- U T