← Library
Patna High CourtCR. MISC./56499/2024bail granted

Brishketu Singh @ Bipul Singh @ Brishketu v. The State Of Bihar

2024-09-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56499 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- AGIAON BAZAR District- Bhojpur ====================================================== Brishketu Singh @ Bipul Singh @ Brishketu Son Of Sri Krishna Singh Resident Of Village - Lahthan, Police Station - Agiaon Bazar, District - Bhojpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Agiaon Bazar P.S. Case No. 72 of 2024, registered for the alleged offence under Sections 341, 323, 307, 506/34 and 354B of the Indian Penal Code.

03. As per prosecution case, co-accused son of the petitioner threatened the informant and her mother and on the date of occurrence, this petitioner dragged the informant and tore her clothes and tried to molest her. The petitioner further hit the informant on her head with iron rod. The other co-accused persons assaulted the mother and brother of the informant with lathi and danda.

04. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case.

Patna High Court CR. MISC. No.56499 of 2024(2) dt.04-09-2024 2/3 No occurrence as alleged has ever taken place. There is counter version of the case and the petitioner has lodged Agiaon Bazar P.S. Case No. 73 of 2024 for the occurrence of same day under Section 307 and other minor sections of IPC. The petitioner was assaulted by the family members of the informant and he received injury on his head. In order to save themselves, this false case has been lodged by the informant. The parties are next door neighbourers and over a petty dispute of drainage of water, the present case has been lodged. The injury received by the victims is simple in nature. The petitioner is a businessman and runs CSP and he is having clean antecedent.

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

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the case and counter case of the parties and further considering the simple nature of injuries, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No. 72 of 2024, subject to the condition laid down

Patna High Court CR. MISC. No.56499 of 2024(2) dt.04-09-2024 3/3 under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T