Shambhu Nath Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77758 of 2019 Arising Out of PS. Case No.-94 Year-2018 Thana- BHAGWANPUR District- Vaishali ====================================================== Shambhu Nath Singh, Son of Late Yugeshwar Singh, Resident of Village - Rusulpur Shoawan, P.S.- Bhagwanpur, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate For the Opposite Party/s :

Mr. Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhagwanpur P.S. Case no. 94 of 2018 registered for the offence punishable under sections 447, 341, 323, 308, 427, 504, 379 and 34 of the Indian Penal Code.

As per the allegation in the F.I.R., it is stated by the informant that amongst the three named accused persons, the petitioner herein caught hold of the neck of the informant and brought him to the ground. It is further stated that Tuntun Kumar struck the informant with a danda on his head while Ganesh Kumar started to assault him and stated that the departmental papers should be burnt so that he losses his job.

Patna High Court CR. MISC. No.77758 of 2019(4) dt.06-03-2020 2/2 It is submitted by learned counsel for the petitioner that the other two named co-accused, namely, Tuntun Kumar has been enlarged on bail vide order dated 28.06.2019 passed in Criminal Misc. no. 39866 of 2019 and Ganesh Kumar has been enlarged on bail vide order dated 08.07.2019 passed in Criminal Misc no. 26538 of 2019. It is further stated that the petitioner has no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case, taking into consideration the grant of bail to other co-accused persons, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today and in the event of his arrest or surrender in connection with Bhagwanpur P.S. Case no. 94 of 2018, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1st, Vaishali at Hajipur, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Ankit/- U T