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Patna High CourtCR. MISC./65537/2023bail granted

Bipin Singh @ Bipin Kumar v. The State Of Bihar

2023-11-07Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65537 of 2023 Arising Out of PS. Case No.-92 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== Bipin Singh @ Bipin Kumar S/O Jay Kant Singh R/O Village- Laualagan, Ward No. 08, P.S- Chausa, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Chousa P. S. Case No. 92 of 2020 dated 11.04.2020, instituted for the offence punishable under Sections 447,341,323,307,354,379,504 and 506/34 of the Indian Penal Code.

3. As per allegation in the First Information Report ( for brevity 'FIR') petitioner is alleged to have assaulted the informant's brother, namely, Shambhu Kumar on the head by means of rod causing head injury.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.65537 of 2023(2) dt.07-11-2023 2/3 petitioner is innocent and has falsely been implicated in this case. It is further submitted that the injury report of the brother of informant, namely, Shambhu Singh has been annexed as Annexure P/2, which depicts that the injury sustained by the informant's brother is simple in nature. It is next submitted that petitioner and the informant are neighbours and close agnates. It is further submitted that petitioner is a student and due to family dispute, he has been falsely implicated in this case. The other similarly situated co-accused, have been granted the privilege of anticipatory bail vide order dated 06.06.2022, passed in Cr. Misc. No. 58705 of 2021 by a Co-ordinate Bench of this Court. The petitioner has no criminal antecedent, as per statement made in para 3 of the bail petition.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Udakishunganj, District- Madhepura, in connection with

Patna High Court CR. MISC. No.65537 of 2023(2) dt.07-11-2023 3/3 Chousa PS Case No. 92 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) shyambihari/- U T