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Patna High CourtCR. MISC./71966/2022partly allowed disposal

Krishna Bhushan Singh v. The State Of Bihar

2023-03-17Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71966 of 2022 Arising Out of PS. Case No.-368 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

KRISHNA BHUSHAN SINGH Son of Satendra Singh R/V- Ranna, P.SSadar (Bhalpatti O.P) Dist- Darbhanga 2.

Indra Bhushan Singh Son of Satendra Singh R/V- Ranna, P.S- Sadar (Bhalpatti O.P) Dist- Darbhanga 3.

Rabindra Prasad Singh @ Rabindra Singh Son of Rameshwar Singh R/VRanna, P.S- Sadar (Bhalpatti O.P) Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Jha Raman For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1 & 2 as he has already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application as against the petitioner no.1 & 2 is dismissed as withdrawn. Now, this application is being heard for consideration of anticipatory bail as against the petitioner no.3

Patna High Court CR. MISC. No.71966 of 2022(2) dt.17-03-2023 2/3 only.

Heard learned counsel for the above named petitioner no.3 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below. All the accused persons including the petitioners are said to have been assaulted the brother of the informant by means of iron rod causing head injury and fracture on left hand. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that there is admitted land dispute between the parties. He submits that the injuries found upon the victim are simple in nature. He further submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let

Patna High Court CR. MISC. No.71966 of 2022(2) dt.17-03-2023 3/3 the petitioner no.3, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Sadar (Bhalpatti O.P.) P.S. Case No.368 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T