Jhunjhun Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47320 of 2023 Arising Out of PS. Case No.-77 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Jhunjhun Singh, Son of Vilas Singh, R/o-Vill-Gorgama, Ward No.-3, P.S.- Nayagaon, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard the learned counsel for the petitioner and the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Khodawabdpur (Chaurahi OP) P.S. Case No. 77 of 2023, registered for the offences punishable under Sections 341, 323, 307, 379, 447, 427, 504 and 506/34 of the Indian Penal Code.
3. As per the FIR, it is alleged that all the accused persons including the petitioners abused and assaulted the informant and his relatives with ladhi, danda and iron rod.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that in the background of land dispute, the present accusation has been levelled. It is further submitted
Patna High Court CR. MISC. No.47320 of 2023(2) dt.23-08-2023 2/3 that informant's side has received simple injury, hence the offence under Section 307 of the IPC is not made out.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier for anticipatory bail in this case.
6. It has further been stated in para 3 of the petition that the petitioner is also made accused in one other case apart from the present one.
7. However, the learned APP for the State has opposed the prayer for bail.
8. Considering the aforesaid facts and circumstances, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court, in connection with Khodawabdpur (Chaurahi OP) P.S. Case No. 77 of 2023, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has concealed criminal antecedent, the
Patna High Court CR. MISC. No.47320 of 2023(2) dt.23-08-2023 3/3 learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.
9. The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) Amrendra/- U T