Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2368 of 2024 Arising Out of PS. Case No.-307 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== 1.

Ashok Singh, Gender-Male, aged about 54 years, Son of Babulal Singh, R/o vill - Bansghat, P.S. - Chakia, Distt. - East Champaran. 2.

Pankaj Kumar, Gender-Male, aged about 27 years, Son of Ashok Singh, R/o vill - Bansghat, P.S. - Chakia, Distt. - East Champaran. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Shambhu Narayan Singh, Advocate For the Informant : Mr. Kundan Rathore, Advocate For the Opposite Party :

Mr. Kumar Veerendra Narayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Vide order dated 13.02.2024, the anticipatory bail application of the petitioner no. 1 has already been dismissed as withdrawn.

2. Heard learned counsel for the petitioner no. 2 and learned counsel for the informant and learned Additional Public Prosecutor for the State.

3. The petitioner no. 2 is apprehending his arrest in connection with Chakia P.S. Case No. 307 of 2023 dated 25.08.2023 registered for the offences punishable under Sections 341, 323, 324, 307 and 379/34 of the I.P.C.

4. As per the prosecution case, the petitioner no. 2 and the co-accused Ashok Singh stopped the JCB of the informant.

Patna High Court CR. MISC. No.2368 of 2024(4) dt.27-02-2024 2/3 When the informant raised objection, the co-accused Ashok Singh abused and ordered to kill him. On that, the petitioner no. 2 assaulted the informant with a sharp weapon on the head. The co-accused Ashok Singh took Rs. 15,000/- from his pocket.

5. Learned counsel for the petitioner no. 2 has submitted that he is innocent and has been falsely implicated in this case. There is case and counter case between the parties. It is further submitted that the injury sustained by the informant is simple in nature caused by hard and blunt substance. The petitioner no. 2 has clean antecedent as stated in paragraph no. 3 of the bail application.

6. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner no. 2.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner no. 2 (except petitioner no. 1), in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, East Champaran at Motihari, in connection with Chakia P.S. Case No. 307 of 2023, subject to

Patna High Court CR. MISC. No.2368 of 2024(4) dt.27-02-2024 3/3 the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T