Pratap Singh @ Kareli Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69441 of 2022 Arising Out of PS. Case No.-238 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== Pratap Singh @ Kareli Singh Son of Siyashran Singh Resident of VillageMahadev Simaria, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Anand, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 27-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Sikandra P.S. Case No.238 of 2022 registered for the offences punishable under Section 323, 341, 324, 307, 379 and 504 of the Indian Penal Code.

The allegation against the petitioner is to assault informant and another by means of sickle (sharp edged tool) causing bodily injuries having intention to cause death due to

Patna High Court CR. MISC. No.69441 of 2022(2) dt.27-04-2023 2/3 previous money disputes.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated in this case. It is also submitted that as per medical report only single injury was found, which is laceration and simple in nature, negating the entire allegation as raised through F.I.R. that assault was caused by means of sickle (sharp edged tool). It is submitted that nature of injury is simple and suggesting that same is not sufficient to cause death in ordinary course of nature, negating the intention of petitioner to cause death of informant and others. While concluding the argument it is submitted that petitioner is a man of clean antecedent.

Learned APP appearing on behalf of the State, opposes the prayer for bail.

In view of the facts and circumstances as mentioned above and by taking note of the nature of allegation in totality and also nature of injury, which is simple, let the petitioner above named, in the event of his arrest or surrender before court below within a period of four weeks, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Jamui/concerned

Patna High Court CR. MISC. No.69441 of 2022(2) dt.27-04-2023 3/3 Court below where the case is pending in connection with Sikandra P.S. Case No.238 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T