← Library
Patna High CourtCR. MISC./52289/2024allowed

Ujwal Singh @ Ujwal Kumar v. The State Of Bihar

2024-11-20Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52289 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- THAWE District- Gopalganj ====================================================== 1.

Ujwal Singh @ Ujwal Kumar, Son of Upendra Singh, Village- Ekderwa, PsThawe, Dist- Gopalganj 2.

Utkarsh Singh @ Utkarsh Kumar Singh, Son of Upendra Singh, VillageEkderwa, Ps- Thawe, Dist- Gopalganj 3.

Manish Singh @ Manish Kumar, Son of Upendra Singh, Village- Ekderwa, Ps- Thawe, Dist- Gopalganj 4.

Upendra Singh, Son of Gauri Singh, Village- Ekderwa, Ps- Thawe, DistGopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushil Kumar. Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Thawe P.S. Case No.84 of 2024 instituted under Sections 341, 323, 324, 307, 379, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioners is that they came at the house of the informant with lathi, danda and iron rod and assaulted the son of the

Patna High Court CR. MISC. No.52289 of 2024(3) dt.20-11-2024 2/3 informant resulted into fracture of his right hand and also snatched cash and jewellery from the house of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute between the parties. He further submits that the petitioners and informant are agnates. The injury to the injured is simple in nature and the allegation against the petitioners is general and omnibus in nature. The petitioner nos. 2 to 4 have one criminal antecedent in which they are on bail whereas petitioner no. 1 has no criminal antecedent and they undertake to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj / Concerned Trial Court in connection with Thawe P.S. Case No.84 of 2024, subject to the conditions laid down in Section 438(2) of the

Patna High Court CR. MISC. No.52289 of 2024(3) dt.20-11-2024 3/3 Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T