Sachchidanand Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72345 of 2022 Arising Out of PS. Case No.-212 Year-2017 Thana- TEKARI District- Gaya ====================================================== SACHCHIDANAND SINGH S/O LATE BHUNILAL SINGH Resident of Village- Gaharpur, P.S.- Tekari, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Tekari Police Station Case No. 212 of 2017, dated 20.05.2017, disclosing offences under Sections 341/323/504/ 507/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with others, assaulted the informant due to which she sustained injury.

Learned Counsel for the petitioner submits that upon perusal of the First Information Report, it would be evident that specific allegation of assault is upon co-accused persons, namely, Bindu Singh and Akhilesh Singh, and the allegation against the petitioner is that when the informant

Patna High Court CR. MISC. No.72345 of 2022(2) dt.29-04-2023 2/3 became unconscious, the petitioner, along with others, might have assaulted her. He further submits that both the parties are close relatives and the petitioner is the nephew of the informant and there is long standing dispute between them inasmuch as criminal/civil cases are pending between the parties, as would be evident from Annexure-2.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that there is no specific allegation against the petitioner, both the parties are having long standing civil/criminal dispute and the petitioner is the close relative of the informant, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, Sachchidanand Singh, in the event of his arrest or surrender before the Court below within a period of four weeks, 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 learned Judicial Magistrate, 1st Class, Gaya, in connection with Tekari Police Station Case No. 212 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall

Patna High Court CR. MISC. No.72345 of 2022(2) dt.29-04-2023 3/3 present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √