Raj Kishore Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75130 of 2018 Arising Out of PS. Case No.-22 Year-2018 Thana- PHENHARA District- East Champaran ====================================================== Raj Kishore Singh, S/o- Late Devnandan Singh, Resident of Village- Kumhrar P.S.- Phenhara, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Pandey For the Opposite Party/s :

Mr. Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 342, 323, 307, 379, 504 and 506 of the IPC.

The prosecution case, as per the written report of Saajan Kumar, dated 13.03.2018, submitted to the Station House Officer, Phenhara Police Station, is to the effect that on the same day, the informant was going to his village from the motorcycle of his friend, but the on the way, the petitioner made the motorcycle stop, abused the informant, pulled him from the motorcycle and assaulted him with wooden plank, causing

Patna High Court Cr.Misc. No.75130 of 2018(2) dt.11-01-2019 2/3 bleeding injury on his head and also robbed the motorcycle. It is submitted by learned counsel for the petitioner that the petitioner is a Sarpanch of the Panchayat and he is aged about 70 years. It is further submitted that since the petitioner had decided some issue against the informant, hence false accusation has been levelled against the petitioner. The injury of the informant has been found to be simple superficial in nature and no recovery has been made from the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that accusation against the petitioner is specific.

Considering the fact that investigation has concluded and chargesheet has been submitted only under Section 354 IPC, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, East Champaran at Motihari in connection with Phenhara P.S. Case

Patna High Court Cr.Misc. No.75130 of 2018(2) dt.11-01-2019 3/3 No. 22 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T