Bholu @ Thakur Bhola Shankar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80326 of 2024 Arising Out of PS. Case No.-648 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Bholu @ Thakur Bhola Shankar Singh Son of Late Vijay Singh Resident of Village- Kalpa Khurd, P.S.- Kalpa, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigank Mauli, Sr. Adv.
Mr. Navin Kumar Singh For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-12-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Jehanabad Police Station Case No. 648 of 2024, dated 19.08.2024, disclosing offences under Sections 115(2)/126(2)/109/303(2)/324(4)/3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 18.08.2024, in the evening, while the informant parked his car in front of the shop of the co-accused Sanjay Kumar and went to buy ice-cream, the petitioner and other accused persons assaulted the informant, broke the glass of his car, took away bag from his car and when the informant protested, he was attacked on his head. The
Patna High Court CR. MISC. No.80326 of 2024(2) dt.02-12-2024 2/3 allegation against the petitioner is that he assaulted on the head of the informant and kept a pistol in his car and went away with the co-accused Sanjay Kumar.
4. Learned senior counsel for the petitioner submits that the petitioner, alongwith five accused persons, has been made accused on false and concocted story due to parking dispute regarding parking of vehicle in front of the shop of co-accused Sanjay Kumar. He next submits that no injury has been found on the head of the informant and injury, which has been found to be grievous, is on the wrist which is non-vital part of the body and other injuries are simple in nature, which would be evident from the impugned order itself. He further submits that similarly situated co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 77774 of 2024.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that all the injuries are simple in nature, except injury on wrist, which is not attributable to the petitioner and is not on the vital part of the body and the similarly situated co-accused persons have been
Patna High Court CR. MISC. No.80326 of 2024(2) dt.02-12-2024 3/3 granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Jehanabad, in connection with Jehanabad Police Station Case No. 648 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T