Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51185 of 2023 Arising Out of PS. Case No.-335 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== PAPPU SINGH SON OF LATE RAJO SINGH RESIDENT OF VILLAGE SONBARSHAGHAT, PS- CHAUTHAM, DIST- KHATARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indrajit Kumar For the Opposite Party/s :

Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Chautham Police Station Case No. 335 of 2022, disclosing offences under Sections 447/341/323/307/504/506/34 of the Indian Penal Code and Section 27 of Arms Act. The prosecution case, on the basis of the First Information Report, is that the informant, along with one another labour, had gone to the field of Ranjit Singh in the morning for some work and in the afternoon, the petitioner along with other accused persons, armed with rifle, lathi, bhala, etc. arrived in the field and started abusing him. It has further been alleged that when the objection being raised by the informant, the accused persons assaulted them and the co-

Patna High Court CR. MISC. No.51185 of 2023(2) dt.19-08-2023 2/3 accused Beni Singh assaulted on the head of informant by means of lathi due to which the informant sustained injury and the co-accused Khushi Lal Choudhary resorted to firing and also threatened the informant of dire consequence. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case at the behest of Ranjit Singh with whom the petitioner and his family members are having land dispute. He further submits that a counter case has been lodged by the side of the petitioner against Ranjit Singh and others.

He next submits that allegation against the petitioner is general and omnibus in nature and specific allegation of assault is upon co-accused Beni Singh and criminal antecedent, which has been stated in paragraph-3 of this application is the result of the enmity between the petitioner and Ranjit Singh with whom there is a previous land dispute. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that allegation against the petitioner is general and omnibus in nature and no specific overt act has been lodged against him, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, above named, in the event of his

Patna High Court CR. MISC. No.51185 of 2023(2) dt.19-08-2023 3/3 arrest or surrender before the Court below within four weeks, 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, Khagaria, in connection with Chautham Police Station Case No. 335 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U √ T √