Arjun Singh @ Pappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28845 of 2018 Arising Out of PS. Case No.-93 Year-2017 Thana- CHAPRA TOWN District- Saran ====================================================== Arjun Singh @ Pappu Singh S/o Late Vikrama Singh, R/o Vill.- Rawaltola, P.S.- Chapra (Town), District- Chappra, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vipin Kumar Singh For the Opposite Party/s :

Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant . Petitioner apprehends his arrest in Chapra Town P.S. case no. 93 of 2017 instituted for the offence under Section(s) 386, 365, 342, 323 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that instant case has been filed due to land dispute which is apparent from the written report. There is no specific allegation against this petitioner of committing assault with the informant. It is further submitted that in paragraph no.3 of the bail petition cases pending against the petitioner is mentioned wherein it has been stated that in one case final form has been submitted by the police and accepted by the Court below and only one case is

Patna High Court Cr.Misc. No.28845 of 2018(3) dt.24-05-2018 2/3 pending against the petitioner.

Leaned counsel for the informant has appeared and opposed the prayer for bail. He has submitted that doctor has found one injury on the finger of the person of the injured which was found to be grievous in nature. From written report it appears that there is no specific allegation of assault against this petitioner. There is general and omnibus allegation against the petitioner.

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 Chapra Town P. S. case no. 93 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 learned CJM, Saran at Chhapra, 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 absence on two consecutive dates without proper and reasonable reason will automatically

Patna High Court Cr.Misc. No.28845 of 2018(3) dt.24-05-2018 3/3 cancel bail bond of the petitioner 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) shyambihari/- U T