Bindeshwari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51683 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- BANKA District- Banka ====================================================== 1.

Bindeshwari Singh, Son of Chhedi Singh, R/O Vill.- Karma, P.S. and Dist.- Banka.

2.

Bikki Singh @ Bikesh Singh, Son of Bindeshwari Singh, R/O Vill.- Karma, P.S. and Dist.- Banka.

3.

Karnal Singh @ Ram Kumar Singh, Son of Bindeshwari Singh, R/O Vill.- Karma, P.S. and Dist.- Banka.

4.

Mina Devi, Wife of Bindeshwari Singh, R/O Vill.- Karma, P.S. and Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-08-2024 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 Banka P.S. Case No. 189 of 2024 registered on 05.05.2024 for the alleged offences under Sections 341, 323, 325, 379, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, petitioners assaulted the informant, his father and his brothers causing injuries to them.

4. The learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The present case is counter version of Banka P.S. Case

Patna High Court CR. MISC. No.51683 of 2024(2) dt.28-08-2024 2/3 No. 188 of 2024 registered under Section 307 and other minor sections of IPC lodged by petitioner no.1 against the informant side. A number of persons from the petitioners' side have received injuries in the said occurrence. In order to save their skin, the informant's side has lodged this false case. Learned counsel further submits that even the injury report of the victims show simple injuries except one which is grievous but the same injury is not on any vital part and is fracture of forearm. Petitioners are having clean antecedent.

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 and further considering the non-serious and superficial nature of injuries of the victim and also considering the clean antecedent of the petitioners coupled with 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/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/ court concerned in connection with Banka

Patna High Court CR. MISC. No.51683 of 2024(2) dt.28-08-2024 3/3 P.S. Case No. 189 of 2024, 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