Ajay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55574 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Ajay Kumar Singh Son of Late Gokul Singh @ Gokhula Singh R/O Vill.- Dilshadpur, Siwna, Hulesra, P.s.- Bhagwanpur Hatt, Dist.- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Nikita Mittal, Advocate Mr. Rajesh Roy, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 307 of the Indian Penal Code in connection with Bhagwanpur Hatt P.S. Case No.49 of 2024.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on account of dispute relating to land petitioner assaulted Manindar (husband of the informant) by farsa causing injury on head and Aadarsh assaulted her husband by knife causing injury on head and thereafter Aadarsh assaulted her husband by knife causing injury on head, further Vijay along with three unknown accused assaulted Himanshu by rod at
Patna High Court CR. MISC. No.55574 of 2024(2) dt.03-09-2024 2/3 05.30 PM when he was with Awadh Kishore at PHC for his treatment, causing injury.
4. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that on account of dispute relating to land the occurrence took place in which petitioner is alleged to have assaulted her husband by farsa causing injury on head. It is further submitted that from perusal of the order impugned, it would manifest that the doctor have opined the injury to be moderate, which amply demonstrates that the injury was neither simple nor grievous. It is thus submitted that the injury so caused was not dangerous to life. It is next submitted that even the blow was not repeated and petitioner is a person with clean antecedent and is not a criminal.
5. The learned APP opposes the anticipatory bail application.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.55574 of 2024(2) dt.03-09-2024 3/3 satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hatt P.S. Case No.49 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T