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Patna High CourtCR. MISC./5856/2016bail granted

Pravin Singh @ Guddu Singh @ Pravin Kumar v. The State Of Bihar

2016-02-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5856 of 2016 Arising Out of PS.Case No. -99 Year- 2015 Thana -TARIYANI CHOWK District- SHEOHAR ====================================================== Pravin Singh @ Guddu Singh @ Pravin Kumar, Son of Late Kedar Nath Singh, resident of Village- Jagdishpur Kothiya, P.S.- Tariyani, DistrictSheohar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Mritunjay Kumar Singh, Adv. For the Opposite Party/s : Mr. Nirmala Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-02-2016 Heard Sri Sanjay Kumar Griyaghey, learned counsel for the petitioner and Smt. Nirmala Kumari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Tariyani P.S. Case no. 99 of 2015 registered for the offence under Sections 147,148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code, has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that of course, in the present case, the petitioner has been shown as one of the accused, on perusal of the F.I.R. itself, no offence under Section 307 of the Indian Penal Code is made out. He submits that the present F.I.R. has been lodged to create defence by the

Patna High Court Cr.Misc. No.5856 of 2016 (2) dt.23-02-2016 2/2 informant side. Fact remains that on the date, occurrence had taken place the informant side were aggressor, for which an F.I.R vide Tariyani P.S. Case no.98 of 2015 was registered on the same day for the offence under Section 307 and other allied Sections of the Indian Penal Code against informants side. He submits that the petitioner and other family members were working on their field, which was settled in their favour, but the informant side of the present case unnecessarily intervened and tried to assault the petitioner. After lodging an F.I.R. from the petitioner side, the present case has been lodged against the petitioner.

Keeping in view facts and circumstances, particularly the fact that there was case and counter case and also in view of nature of accusation, let the petitioner, namely, Pravin Singh @ Guddu Singh @ Pravin Kumar be enlarged on bail, in the event of his arrest or surrender within six weeks from today, on furnishing bail bond of Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Tariyani P.S. Case no.99/2015.

(Rakesh Kumar, J) NKS/- U