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Patna High CourtCR. MISC./44884/2022bail granted

Krishnchandra Singh @ Krishchandra Singh v. The State Of Bihar

2022-12-15Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44884 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- SHYAMPUR BHATHA DistrictSheohar ====================================================== 1.

KRISHNCHANDRA SINGH @ KRISHCHANDRA SINGH SON OF LATE KAPILDEV SINGH R/O VILLAGE- LALGARDH YOGIYA, P.S.- SHYAMPUR BHATAHA, DISTRICT- SHEOHAR 2.

RAMESH KUMAR SINGH @ RAMESH KUMAR SON OF LATE HARICHANDRA SINGH R/O VILLAGE- LALGARDH YOGIYA, P.S.- SHYAMPUR BHATAHA, DISTRICT- SHEOHAR 3.

SHIVCHANDRA SINGH SON OF LATE RAMEKBAL SINGH R/O VILLAGE- LALGARDH YOGIYA, P.S.- SHYAMPUR BHATAHA, DISTRICT- SHEOHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nasim Yahya, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 307, 325, 379, 427 and 504 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner nos. 1 and 3 are senior citizens aged about 65 and 62 years respectively and the informant alleges that on orders of Krishnachandra Singh (petitioner no. 1), accused Pradeep

Patna High Court CR. MISC. No.44884 of 2022(2) dt.15-12-2022 2/3 assaulted him by an iron rod causing injury on head, thereafter Deepak assaulted by an iron rod causing injury on finger, further Pradeep tore blouse of his daughter-in-law and the informant was admitted in S.K.M.C.H for treatment.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that there is specific allegation of assault against Pradeep and Deepak who are not petitioners in the present anticipatory bail application, it is next submitted that no doubt the injury is grievous but then the allegation of assault is also specific and the petitioner nos. 2 and 3 are only alleged to be members of the mob without any specific allegation of assault, it is next submitted that petitioner no. 1 came to be implicated on the allegation that he was an order giver, it is also submitted that it is easy to implicate someone by alleging that he is an order giver when admittedly the petitioner no. 1 till 65 years of his age was a person with clean antecedent and all of a sudden has been made a criminal.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.44884 of 2022(2) dt.15-12-2022 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shyampur Bhatha P.S. Case No. 193 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T