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Patna High CourtCR. MISC./53502/2017allowed

Wakil @ Chocha Singh @ Ram Wakil Singh And ORS v. The State Of Bihar

2017-11-15Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53502 of 2017 Arising Out of PS.Case No. -220 Year- 2016 Thana -DIDARGANJ District- PATNA ======================================================

1. Wakil @ Chocha Singh @ Ram Wakil Singh Son of Basudev Singh @ Bishu Singh

2. Akhilesh Singh Son of Basudev Singh @ Bishu Singh

3. Sonu Singh @ Sonu Kumar Son of Basudev Singh @ Bishu Singh All R/o Vilage- Gauharpur, P.S.-Deedarganj, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-11-2017 Heard learned counsel for the petitioners and the State.

Petitioners are apprehending arrest in connection with Deedarganj P.S. Case No. 220 of 2016 for an offence under sections 341, 323, 379, 504 and 504/34 of the Indian Penal Code. Counsel for the petitioners submits that there is delay of three days in lodging of Fard-beyan. The incident is of 16.10.2016 but Fard-beyan was lodged only on 19.10.2017. There is absolutely no explanation for this delay. In addition thereto, he submits that the injuries contained in Annexure-2 falsify the allegation as to the manner of assault. The injuries are simple in

Patna High Court Cr.Misc. No.53502 of 2017 (32) dt.15-11-2017 2/2 nature and as such no case under section 307 of the Indian Penal Code is made out against the petitioners.

Considering aforesaid facts and circumstances including the fact that the petitioners as per statement in para-3 have no criminal antecedent, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Anant Kumar, J.M. 1st Class, Patna City, Patna or the concerned court in connection with Deedarganj P.S. Case No. 220 of 2016 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T