Rakesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.49545 of 2017 (4) dt.15-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49545 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -BIDUPUR District- VAISHALI(HAJIPUR) ======================================================

1. Rakesh Singh, Son of Late Dev Chandra Singh, Resident of VillageBhairopur, P.S.- Bidupur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bidupur Police Station Case No. 197 of 2017, disclosing offences under Sections 341, 323, 307, 354, 379, 447, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the parties are in inimical terms since long and the family of the petitioner also lodged a Bidupur P.S. Case No. 46 of 2011 against the prosecution party. There was free fight between the parties and both the side have sustained injuries and the injury sustained by the prosecution party are simple in nature. The

Patna High Court Cr.Misc. No.49545 of 2017 (4) dt.15-12-2017 petitioner and his family members have already filed an informatory petition prior to lodging of the present case, which is evident from annexure-3, but when the police did not lodge the F.I.R., he filed complaint case, which is evident from annexure-4 to the supplementary affidavit filed by the petitioner. Hence, the petitioners who are of clean antecedent deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur, in connection with Bidupur Police Station Case No. 197 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T