Sikandar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1957 of 2018 Arising Out of PS. Case No.-655 Year-2017 Thana- NAWADA District- Nawada ====================================================== Sikandar Singh, Son of Suresh Singh, Resident of Village-Hemjachak, P.S. Marui, District-Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. KHURSHID ANWAR ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-01-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379 and 504 of the IPC.

The prosecution case is that the informant Sujit Kumar went to the shop of the petitioner, Sikandar Singh to get the change of five hundred currency note, on which the petitioner started abusing the informant and on protest being made, he repeatedly assaulted on the head of the informant with iron rod and also picked out Rs. 2005/- from the pocket of the informant. It is submitted by learned counsel for the petitioner that accusation of making assault has been levelled without any motive. There is no injury report available on record nor the learned Sessions Judge has discussed about the injury caused to

Patna High Court Cr.Misc. No.1957 of 2018(2) dt.16-01-2018 2/2 the informant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Considering the nature of accusation, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Nawada in connection with Nawada P.S. Case No. 655 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. The bail bonds of the petitioner shall be accepted by the learned court below on verification of the fact that the informant has not received any grievous injury. On verification, if it is found that the informant has received grievous injury, then this order shall become ineffective and in that case, the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Amrendra/- U T