Patna High CourtCR. MISC./46656/2023partly allowed disposal

Ajay Singh v. The State Of Bihar

2023-09-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46656 of 2023 Arising Out of PS. Case No.-106 Year-2023 Thana- NARHATT District- Nawada ====================================================== 1.

Ajay Singh S/O Sitaram Singh R/O Village- Saidapur, Ps. Narhat Pin805122 Dist. Nawada 2.

Chinku Singh S/O Ajay Singh R/O Village- Saidapur, Ps. Narhat Pin805122 Dist. Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 384, 504, 506/34 of the Indian Penal Code.

3. Petitioners are said to have assaulted the grandfather of the informant by iron rod and stick over his head and waist.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that the injury found upon the victim is simple in nature. He submits that there is no specific overt act against the petitioners. He submits that there is general and omnibus allegation levelled against the petitioners. He further submits that petitioners have one criminal antecedent as stated

Patna High Court CR. MISC. No.46656 of 2023(2) dt.19-09-2023 2/2 in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner no. 1, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Narhat P.S. Case No. 106 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. So far as petitioner no. 2 is concerned, he assaulted the grandfather of the informant and the injury found upon him is grievous in nature, I am not inclined to enlarge the petitioner no. 2 on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with the aforesaid case.

devendra/- (Anjani Kumar Sharan, J) U T