Prince Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50501 of 2024 Arising Out of PS. Case No.-17 Year-2023 Thana- TELHARA District- Nalanda ====================================================== 1.
Prince Singh, Son Of Vijay Singh, Resident Of Village - Mahmadpur, Police Station - Ekangarsarai, District - Nalanda 2.
Kaju Singh, Son Of Sanjeeb Singh, Resident Of Village - Mahmadpur, Police Station - Ekangarsarai, District - Nalanda 3.
Ankit Singh, Son Of Akhilesh Singh, Resident Of Village - Mahmadpur, Police Station - Ekangarsarai, District - Nalanda ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-07-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. In the present case, the petitioners are apprehending their arrest in connection with Telhara P.S. Case No. 17 of 2023 registered for the alleged offences under Sections 341, 323, 307, 504, 506 and 379 of the Indian Penal Code.
3. As per prosecution case, the petitioners and other co-accused persons, who were variously armed, assaulted the informant with iron rod and they also tried to strangulate the informant and took away gold locket and gold ring from the informant.
Patna High Court CR. MISC. No.50501 of 2024(2) dt.12-07-2024 2/3
4. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case in the background of some quarrel which took place between the children. Both sides indulged in scuffle and some persons received injuries. For the same occurrence, the counter version is Telhara P.S. Case No.18 of 2023. Allegation against petitioner Amar Nath @ Bittu Singh for hitting on the head of the informant with iron rod causing injury to him. Allegation against petitioner no.3 Ankit Singh is putting gamchha on the neck of the informant and trying to strangulate him whereas allegation against petitioner no.1 Prince Kumar is for snatching golden ring. But these allegations are false and concocted. The injury of the informant is stated to be simple and there is only one injury on the head which shows there was no intention to cause death. The nature of injury is stated to be simple. The petitioner no.1 is having clean antecedent whereas petitioner nos.2 and 3 have got criminal antecedent of two cases.
5. Learned APP vehemently opposes the submissions made on behalf of the petitioners.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the case and counter case between the parties in the background of
Patna High Court CR. MISC. No.50501 of 2024(2) dt.12-07-2024 3/3 some dispute and further considering simple injury caused to the informant and also considering the possibility of false accusation, let the petitioners, above named, in the event of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda at Biharsharif, in connection with Telhara P.S. Case No. 17 of 2023, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T