Shyam Babu Singh @ Shyam Babu Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8496 of 2021 Arising Out of PS. Case No.-388 Year-2020 Thana- NAGAR District- Vaishali ====================================================== SHYAM BABU SINGH @ SHYAM BABU LAL, SON OF DHURKHEL SINGH, RESIDENT OF VILLAGE- MINAPUR, KHARADI TOLA, P..STOWN HAJIPUR, DIST.- VAISHALI ... Petitioner

Versus

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

For the Petitioner : M/s Vikramdeo Singh & Ranjit Kumar Thakur, Advs. For the Opposite Party : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 2 20-12-2021 Heard Mr. Vikramdeo Singh, learned Advocate for the petitioner and Mr. Yogendra Kumar, learned Additional Public Prosecutor for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Hajipur Town P.S. Case No. 388 of 2020 dated 10.06.2020 instituted for the offences under Sections 147, 148, 341, 323, 324, 325, 504, 506, 427, 354(A) and 379 of the Indian Penal Code. So far as the specific accusation is concerned, the petitioner is said to have assaulted one Anchal Kumari as a result of which she suffered fracture in her hand.

Learned counsel for the petitioner has submitted that there is no injury report on record. He further submits that had the accusation been true, the case would have been registered under Section 307 of the IPC. He has further submitted that for an occurrence which took place because of three of the young accused persons fighting amongst each other and an attempt having been made to mediate between them, all the family members of such young persons have been made accused in

Patna High Court CR. MISC. No.8496 of 2021(2) dt.20-12-2021 2/2 the case.

The learned counsel for the petitioner further submitted that in the absence of any injury caused by the petitioner, he would deserve the privilege of anticipatory bail.

The learned counsel for the petitioner has also informed this Court that one of the accused persons in this case has been granted anticipatory bail by a Bench of this Court.

Regard being had to the nature of accusation and there being no injury on the person of Anchal Kumari, the petitioner is directed to be released on bail, in the event of his arrest or surrender before he Court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bond in the sum of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 388 of 2020 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. (Ashutosh Kumar, J) Shamshad/- U T