Ajay Bir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 11554 of 2021 Arising Out of PS. Case No.-290 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

AJAY BIR SINGH S/O JAI NATH SINGH R/O VILLAGE-AWADHPURA, P.S.-CHAPRA MUFFASSIL, DISTRICT-SARAN AT CHAPRA (BIHAR). 2.

AMAR BIR SINGH S/O JAI NATH SINGH R/O VILLAGEAWADHPURA, P.S.-CHAPRA MUFFASSIL, DISTRICT-SARAN AT CHAPRA (BIHAR).

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-12-2021 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Chapra (Muffasil) P.S. Case No. 290 of 2020 registered for the offences punishable under Sections, 341, 323, 307, 379, 34 of the Indian Penal Code.

At the outset, it has been submitted by the learned counsel for the petitioners that the petitioner No. 2 Amar Bir Singh, has been arrested. As such, he wants to withdraw the

Patna High Court CR. MISC. No. 11554 of 2021(2) dt.23-12-2021 2/3 anticipatory bail petition on behalf of the petitioner No. 2. Accordingly, the anticipatory bail petition in respect of petitioner No. 2 is dismissed as withdrawn. As per allegation, the informant Jainath Singh, is an ex-army personnel. He levelled allegation against his both sons (petitioner No. 1 and 2) that they assaulted him and snatched his service book, bank passbook and papers of bike. Learned counsel for the petitioners has submitted that the informant is living jointly with the petitioners even today. The real fact is that he has developed habit of drinking and he used to make nuisance in the locality in drunken condition and he sustained some injuries as he fell down in drunken condition. The injury is abrasion over his right parietal region as mentioned in the rejection order of the learned court below. The learned APP has opposed the prayer for bail of the petitioners.

Considering the above-mentioned fact and circumstances, let the petitioner No. 1 be released on bail in the event of his arrest or surrender within four weeks before the learned court below on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,

Patna High Court CR. MISC. No. 11554 of 2021(2) dt.23-12-2021 3/3 Ixth, Saran at Chapra in connection with Chapra (Muffasil) P.S. Case No. 290 of 2020 the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T