Raj Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40674 of 2020 Arising Out of PS. Case No.-147 Year-2020 Thana- ATRI District- Gaya ====================================================== Raj Nandan Singh, S/O Late Thakur Singh R/O Village- Narwat, P.S.- Atri, District- Gaya (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma- Sr. Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-07-2021 Heard Mr. Yogesh Chandra Verma, the learned Senior Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Atri P. S. Case No.147 of 2020, instituted for the offences under Sections 147, 149, 341, 323, 354, 452, 325, 379, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

This Court had, by order dated 23.06.2021, called for the case diary.

According to the F.I.R., the informant claims to have been assaulted by the petitioner by means of an iron rod leading to the injuries on his person.

Patna High Court CR. MISC. No.40674 of 2020(4) dt.26-07-2021 2/3 The learned Senior Advocate for the petitioner has drawn the attention of this Court to the further statement of the informant in which he was categorically stated that the petitioner caught him whereafter one Mahesh Yadav assaulted him and his brother.

In this context, it has been urged on behalf of the petitioner that the background facts would indicate that because of a dispute between the children of two houses, this occurrence had taken place and there is a counterversion of the occurrence as well. The nature of the injuries suffered by the informant could not be deciphered at that time and the opinion regarding the same has been kept reserved.

However, it has been submitted that whatever be the nature of injuries, that cannot be attributed to the petitioner as the informant himself in his further statement recorded shortly after the F.I.R., has stated that Mahesh Yadav actually assaulted him.

Regard being had to the afore-stated facts, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of

Patna High Court CR. MISC. No.40674 of 2020(4) dt.26-07-2021 3/3 eight 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 learned Additional Sessions Judge-III, Gaya in connection with Atri P. S. Case No.147 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) vikash/- U T