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Patna High CourtCR. MISC./1769/2022bail granted

Jagat Narayan Singh v. The State Of Bihar

2022-08-08Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1769 of 2022 Arising Out of PS. Case No.-247 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== 1.

Jagat Narayan Singh Son Of Vishwanath Singh Resident Of Village- Arak Bichla Tola, P.S- Krishna Braham, Dist- Buxar 2.

Vishwanath Singh Son Of Late Ramadhar Singh @ Late Ram Pyare Singh Resident Of Village- Arak Bichla Tola, P.S- Krishna Braham, Dist- Buxar 3.

Rajj Kumar Singh Son Of Jagat Narayan Singh Resident Of Village- Arak Bichla Tola, P.S- Krishna Braham, Dist- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 341, 323, 448, 354(B), 379, 504, 506/ 34 of the Indian Penal Code.

The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the present F.I.R. emanates from a complaint in which the informant alleges that the occurrence took place on account of tying of a cow in the garden as it was opposed by the petitioner on the ground that

Patna High Court CR. MISC. No.1769 of 2022(2) dt.08-08-2022 2/3 the cow after breaking the rope reaches his mill. It is next alleged that the accused persons came to the house of the informant and assaulted him and his family members. The learned counsel for the petitioners submits that admittedly, no occurrence as alleged ever took place. It is next submitted that had an occurrence been committed as alleged, then the informant would have been instituted an F.I.R., so that the police could have investigated the matter immediately. It is next alleged that neither in the complaint, nor during the course of investigation any injury report was furnished by the informant to the police.

The learned Additional Public Prosecutor opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Brahampur (K.B.) P. S. Case No.247 of 2017 arising out of Complaint Case

Patna High Court CR. MISC. No.1769 of 2022(2) dt.08-08-2022 3/3 No.529(C) of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T