Deepak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.414 of 2025 Arising Out of PS. Case No.-220 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Deepak Singh S/o Shri Anil Singh R/o Village- Sohagpur, P.S.- Hathwa, Distt.- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Hathua P.S. Case No. 220 of 2024, disclosing offences under Section 191(2), 190, 126(2), 127(2), 352, 109(1), 351(2), 303(2) of B.N.S and Section 27 of Arms Act
3. As per the F.I.R, on 09.09.2024, at about 7.40 PM when the brother of informant namely Pintu Kumar Singh was returning home, he was surrounded by the petitioner and other accused persons. The petitioner assaulted the informant's brother by means of dab due to which he sustained head injury. The co-accused Ranjan Singh took out sum of Rs. 30,000/- from his pocket on the gun point. It is further alleged that when the informant came to rescue his brother all the co-accused started
Patna High Court CR. MISC. No.414 of 2025(2) dt.06-02-2025 2/3 assaulting due to which he sustained injuries.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to political rivalry. The petitioner has been made accused in retaliation of the FIR lodged by the petitioner against the informant and others bearing Hathua P.S. Case No. 219 of 2024. The FIR lodged by the petitioner is prior in time to the present FIR. Both the parties are co-villagers and the injury caused to the informant's brother is simple in nature as evident from the injury report annexed at Annexure P-3 . The injury has been caused by hard and blunt substance whereas the allegation is that petitioner is assaulted by dab which is sharp cutting weapon. He further submits that on 09.09.2024, the brother of the informant created ruckus at the house of would be in laws of the petitioner for which Mirganj P.S. Case No. 403 of 2024 was lodged against him. He also submits that after institution of the instant case two more cases as mentioned in para-3 of this bail application were instituted against the petitioner.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that there is specific allegation against the petitioner that he assaulted the informant's brother by means of dab due to which
Patna High Court CR. MISC. No.414 of 2025(2) dt.06-02-2025 3/3 he sustained injury on his head which is vital part of the body.
5. Regards being had to the submission advanced on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, there is case and counter case between them and injury caused to the informant's brother is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Gopalganj in connection with Hathua P.S. Case No. 220 of 2024, subject to the condition laid down under Section 482(2) of the BNSS.
(Anil Kumar Sinha, J) Suruchi/- U T