Anupam Kumar Singh @ Anupam Singh @ Shri Kant Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72479 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== Anupam Kumar Singh @ Anupam Singh @ Shri Kant Singh Son of Late Vishwanath Singh Resident of Village- Talimapur, P.S. Jamo Bazar, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
This is an application for grant of anticipatory bail in connection with Jamo Bazar P.S. Case No. 268 of 2020 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. Allegation against the petitioner is that he gave Tangi blow on the head, stomach and left hand of the informant and also taken away Rs. 2,000/- from his pocket. It is further alleged that he tried to press the neck of nephew of the informant.
Patna High Court CR. MISC. No.72479 of 2021(2) dt.09-06-2022 2/3 Learned counsel for the petitioner submits that due to previous land dispute the occurrence of Mar-Peet held between the parties in which both the parties sustained injury, the occurrence took place on 29.11.2020 but the F.I.R. was lodged on 03.12.2020 after five days of the alleged occurrence without any plausible explanation of delay. The injury sustained by the informant is simple in nature, caused by hard and blunt substance. Petitioner has no criminal antecedent and the allegation of taking money from the pocket of the informant is concocted and super addition.
Learned A.P.P. for the State has opposed the prayer of anticipatory bail application of the petitioner. Considering the aforesaid facts and circumstances, delay in lodging F.I.R. without any plausible explanation, the injury sustained by the informant which is simple in nature and petitioner has no criminal antecedent, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest/surrender before the learned court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.72479 of 2021(2) dt.09-06-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Jamo Bazar P.S. Case No. 268 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
ved/- (Sunil Dutta Mishra, J) U T