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Patna High CourtCR. MISC./76571/2018bail granted

Anand Kumar Singh v. The State Of Bihar

2018-12-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76571 of 2018 Arising Out of PS. Case No.-247 Year-2018 Thana- BHAGWAN BAZAR District- Saran ====================================================== Anand Kumar Singh son of Awadhesh Singh R/o vill. Neka Rai Ke Tola, P.S. Bairia, Dist Balia (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bhagwan Bazar P. S. Case No. 247/18 instituted for the offence under Section(s) 302/34 of the Indian Penal Code.

Learned counsel for petitioner submits that specific allegation of assault is against co accused Vikash Singh @ Tiger of giving stab injury to the brother of the informant. In the fardbeyan it is alleged that on 14.6. 2018 at 9.30 AM, Vikash Singh @ Tiger and Aditya Kumar Singh had given threat for not filling the form of some boys who were not present. It is further alleged that informant went to attend his duty in the university. In the meantime, informant got informant that someone has stabbed his brother near the form deposit counter of the college. Thereafter, he was taken to Sadar Hospital. The

Patna High Court Cr.Misc. No.76571 of 2018(2) dt.20-12-2018 2/2 informant after receiving the said information went to emergency ward of Sadar hospital and found stab injury on the chest of his brother. The informant learnt that co accused Vikash Singh @ Tiger and Aditya Kumar Singh along with this petitioner were forcing his brother to deposit the form and when he refused to fill the form then co- accused Aditya Kumar Singh and this petitioner caught hold his brother and co- accused Vikash Singh @ Tiger gave stab injury on the chest of the brother of the informant.

In this manner , there is no allegation of specific overt act against this petitioner. The specific allegation of giving stab injury is against Vikash Singh @Tiger.

Petitioner is in custody since 16.6.18.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Saran at Chapra, in connection with Bhagwan Bazar P. S. Case No. 247/18 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T