Pramod Singh @ Pramod Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71600 of 2022 Arising Out of PS. Case No.-443 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
PRAMOD SINGH @ PRAMOD KUMAR SINGH S/O Gaya Singh R/O Village- Baghambarpur, P.S- Majhauliya, District- West Champaran 2.
Gaya Singh S/O Late Doma Rai R/O Village- Baghambarpur, P.SMajhauliya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 After some arguments, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.1, Pramod Singh @ Pramod Kumar Singh.
Permission is granted.
Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.1, Pramod Singh @ Pramod Kumar Singh is concerned.
However, if petitioner no.1, Pramod Singh @ Pramod Kumar Singh surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of petitioner no.1 preferably on the same day without being
Patna High Court CR. MISC. No.71600 of 2022(2) dt.02-02-2023 2/3 prejudiced by this order.
Heard learned counsel for the petitioner, learned APP for the State as well as learned counsel appearing on behalf of the informant.
Petitioner No.2, namely, Gaya Singh apprehends his arrest in connection with Majhauliya P.S. Case No.443 of 2022, registered for the offences punishable under Sections 341, 323, 324, 337, 307, 379, 504, 506 and 34 of the Indian Penal Code. The petitioners are said to have assaulted the informant by means of farsa and labeda on his head, left leg and testicle.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is case and counter case between the parties and both sides sustained injuries. It is submitted that petitioner no.2, Gaya Singh is said to have assaulted the informant on his leg and testicle, but no injury was found on his leg and testicle.
Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.
Patna High Court CR. MISC. No.71600 of 2022(2) dt.02-02-2023 3/3 Considering the facts aforesaid, let petitioner no.2, namely, Gaya Singh, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Majhauliya P.S. Case No.443 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T