Anil Singh @ Anil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62138 of 2022 Arising Out of PS. Case No.-186 Year-2021 Thana- TARIYANI CHOWK District- Sheohar ====================================================== Anil Singh @ Anil Kumar Singh Son Of Late Bhikhari Singh R/O VillageSarvarpur, P.S.- Tariyani, District- Sheohar (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Tariyani P. S. Case No. 186 of 2021 registered for the offences punishable under Sections 341, 323, 324, 307, 504, and 506 read with Section 34 of the Indian Penal Code. As per the prosecution case, the co-accused namely Sohan Singh and Navin Singh assaulted the informant by danda and iron rod and the petitioner gave spade blow on the informant's head and due to which he sustained head injury and became unconscious.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Both the parties are agnates and are full brothers. There is persistent land

Patna High Court CR. MISC. No.62138 of 2022(5) dt.14-02-2023 2/2 dispute between the parties. There is case and counter case between the parties. The injury sustained by the injured is found to be simple in nature. The petitioner has two other criminal case as stated in paragraph no. 3 of the bail application, which were lodged by the wife of the informant. Learned counsel further submits that no case is made out against the petitioner. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances as well as injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Sheohar in connection with Tariyani P. S. Case No. 186 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T