Abhishek Kumar Singh @ Tinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2163 of 2021 Arising Out of PS. Case No.-326 Year-2020 Thana- AMNAUR District- Saran ====================================================== ABHISHEK KUMAR SINGH @ TINKU Son of Surendra Mohan Keshav Resident of Village - Amnaur Harnarayan, P.S.- Amnaur, Distt.- Chapra, Saran.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Prakash Chandra Jha, Advocate For the State :

Mr.Rana Randhir Singh, APP For the informant :

Mr.Maheshwar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Amnaur P.S. case No.326/20 registered under Sections 147, 323, 324, 307, 504, 506 of the Indian Penal Code. Allegation is that the petitioner attacked with sword on the head of the informant, which hit upon left side of head and co-accused Vivek assaulted the informant by farsa on the same place of head, due to which he sustained injury.

Patna High Court CR. MISC. No.2163 of 2021(3) dt.17-12-2021 2/3 It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the F.I.R., it is alleged that the victim was injured by sword. From perusal of the record, it appears that the doctor has mentioned that the injuries are caused by hard and blunt substance. The injury report does not corroborate with the allegations made in the F.I.R. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 9th, Chapra in connection with Amnaur P.S. case No.326/20, subject

Patna High Court CR. MISC. No.2163 of 2021(3) dt.17-12-2021 3/3 to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T