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Patna High CourtCR. MISC./57585/2021allowed

Hari Shankar Singh v. The State Of Bihar

2022-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57585 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Hari Shankar Singh Son of Late Oshihar Singh @ Vashihar Singh R/o Village- Udiyan Tola, P.S.- G.B.Nagar, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehend his arrest in connection with G.B. Nagar P.S. Case No.61 of 2021, registered for the offences punishable under Sections 341, 323, 308, 504, 506 and 34 of the Indian Penal Code.

The petitioner is said to have assaulted the informant by means of khanti on his head on account of land dispute. When the wife of the informant came to save him, the petitioner along with other co-accused persons assaulted her by means of lathi and danda.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is submitted that the

Patna High Court CR. MISC. No.57585 of 2021(3) dt.11-07-2022 2/2 petitioner and the informant are own brothers and there is land dispute between the parties. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

The learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Learned counsel for the petitioner filed a supplementary affidavit enclosing the FIR filed by the petitioner against the informant.

Taking into consideration the facts aforesaid, let petitioner, above named, 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 learned Judicial Magistrate, 1st Class, Siwan in connection with G.B. Nagar P.S. Case No.61 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T