Gopal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71886 of 2024 Arising Out of PS. Case No.-51 Year-2024 Thana- Chhaudahi District- Begusarai ====================================================== Gopal Singh S/o Jay Jay Ram Singh Singh R/o Village- Ekamba, Ward No.10, P.S.- Chhorahi, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-10-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 51 of 2024, disclosing offences under Sections 341, 323, 307, 506 and 34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report is that, on 18.05.2024, in the evening the petitioner along with other accused persons came, armed with iron rod, lathi and danda etc., and assaulted the informant and injured him. It has further been stated that co-accused Amresh and Gautam assaulted the informant with ironrod, owing to a land dispute and they were shouting to kill the informant.

Patna High Court CR. MISC. No.71886 of 2024(2) dt.28-10-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to land dispute between the parties. A counter case, bearing Chhorahi P.S. Case No. 52 of 2024, has also been lodged by the side of the petitioner against the informant and his family members. He further submits that both the parties are agnates and due to land dispute, the alleged occurrence has taken place. He next submits that the allegation against the petitioner is general and omnibus in nature.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the injury caused to the informant is simple in nature as would be evident from the impugned order, the petitioner is having no criminal antecedent and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.71886 of 2024(2) dt.28-10-2024 3/3 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul at Begusarai, in connection with Chhorahi Police Station Case No. 51 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) Siwani/- U T