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Patna High CourtCR. MISC./82956/2019bail granted

Lalan Singh v. The State Of Bihar

2020-07-09Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82956 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- TARIYANI CHOWK District- Sheohar ====================================================== 1.

LALAN SINGH Son of Late Rameshwar Singh Resident of Village - Mahadeva, P.S.- Tariyani, Distt - Sheohar.

2.

Navanit Kumar Son of Lalan Singh Resident of Village - Mahadeva, P.S.- Tariyani, Distt - Sheohar.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Jai Shanker Prasad For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-07-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Tariyani P.S. Case No. 167 of 2019 for the offence punishable under Sections 341, 323, 324, 307, 325, 379, 447, 504 and 506/34 of the Indian Penal Code.

There is allegation in the First Information Report of assault having been made by the petitioners on the informant. It is alleged against petitioner No.1 that he assaulted the informant in his hand with an iron rod, because of which he received fracture injury. Petitioner No.2 is said to have assaulted him with farsa in his head. It is evident from the First

Patna High Court CR. MISC. No.82956 of 2019(4) dt.09-07-2020 2/3 Information Report itself that previous enmity had been the reason for the occurrence, if any, which had taken place on the alleged date of occurrence. It appears that there is a counter case also filed by wife of petitioner no.1, registered as Tariyani P.S. Case No. 169 of 2019.

Upon perusal of the case diary, injuries have been found to be simple in nature.

Considering the background in which the occurrence is said to have taken place, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Sheohar, in Tariyani P.S. Case No. 167 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,

Patna High Court CR. MISC. No.82956 of 2019(4) dt.09-07-2020 3/3 their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T