Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63578 of 2017 Arising Out of PS.Case No. -308 Year- 2017 Thana -GOGRI District- KHAGARIA ====================================================== Amit Singh, son of Uday Singh, resident of village-Bari Chak, P.S.-Gogri, District-Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s : Smt. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 06-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gogri P.S. Case No.308 of 2017 instituted for the offence under Section(s) 147, 447, 341, 323, 307, 379, 506 Indian Penal Code. Counsel for the petitioner has submitted that both parties are agnates and there is land dispute between the parties. In the written report, there is allegation that the petitioner along with co-accused UdaySingh, and Haritesh Singh assaulted the husband of the informant with iron rod, lathi, Dabiya etc. causing injury.

Injury report of husband of the informant has been annexed as Annexure-4, wherein, doctor has found one injury simple in nature and one injury on the nose, which was lacerated running from base to tip of nose size 2" x 1⁄4" x 1/6" and was opined to be grievous in nature.

Patna High Court Cr.Misc. No.63578 of 2017 (4) dt.06-03-2018 2/2 In the written report, there is no specific allegation against the petitioner of assaulting the husband of the informant on nose.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gogri P.S. Case No.308 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T