Gautam Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3040 of 2023 Arising Out of PS. Case No.-58 Year-2021 Thana- CHANDI District- Bhojpur ====================================================== Gautam Singh Son Of Sanjay Singh R/O Village- Jalpura(Tapa) , Post Station - Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 354(B), 307 and 379 of the Indian Penal Code pending in the learned court below.

As per the prosecution case the petitioner has assaulted on the head of the informant by means of iron rod due to which she fell down.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties and both sides have sustained injuries. He further submits that the nature of the injury is not clear from the

Patna High Court CR. MISC. No.3040 of 2023(2) dt.28-03-2023 2/2 impugned order. He submits that petitioner is not named in the FIR and there is no any incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Chandi P.S. Case No.58 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T