Devendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44901 of 2023 Arising Out of PS. Case No.-149 Year-2019 Thana- MEHSI District- East Champaran ====================================================== Devendra Kumar Singh S/O Prithvi Nath Singh R/O Village- Chauriya, P.SMehsi (Jai Bajrang O.P.), Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner as well as 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 147, 341,323, 447, 307, 504, 506 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case by the informant with an allegation that he assaulted the informant by bamboo on his

Patna High Court CR. MISC. No.44901 of 2023(6) dt.28-02-2024 2/3 head causing injuries, but then there is no injury report on record.

4. The learned APP, Mr. Chandra Bhushan Prasad after going through the case diary submits that it has come in para-114 of the case diary that the injury report of the informant could not be issued for the reason that when he had come for treatment he had not disclosed that he received injury on account of assault.

5. The learned counsel for the petitioner at this stage submits that petitioner has been falsely implicated on account of dispute relating to land. It is also submitted that had the petitioner assaulted the informant then he would have definitely disclosed the said fact to the doctor that the injury has been caused on account of assault.

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 satisfaction of the learned Court below where the case is pending in connection with Mehsi P.S. Case No.149 of 2019,

Patna High Court CR. MISC. No.44901 of 2023(6) dt.28-02-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T