Arbind Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7696 of 2016 Arising Out of PS.Case No. -187 Year- 2015 Thana -KORHA District- KATIHAR ===================================== Arbind Prasad Singh, S/o- Baijnath Prasad Singh, resident of Village- Mahinathpur, P.S.- Korha, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar, Adv. For the Opposite Party/s : Dr. Kr. Uday Pratap (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-03-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Korha P.S. Case No.187 of 2015, disclosing offences under Sections 147, 149, 345, 323, 324 and 307 of the Indian Penal Code.

A complaint case, filed by the complainant, is basis for institution of present First Information Report, under Section 156(3) of the Code of Criminal Procedure, 1973.

Learned counsel for the petitioner submits that a complaint case was lodged nearly 24 days after the alleged date of occurrence. He also submits that the injury has been found to be simple in nature and even if the case of the prosecution is considered to be true, a petty dispute between the parties is said to be the reason behind the occurrence. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

Considering the aforesaid submission, this application is allowed.

Let petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Korha P.S. Case No.187 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before police/Court, as the case may be, as and when required and in the event of failure on his part to

appear before Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T