Tripurari Singh @ Pawan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76565 of 2018 Arising Out of PS. Case No.-260 Year-2018 Thana- ATRI District- Gaya ====================================================== Tripurari Singh @ Pawan Singh, S/O Yugal Kishor Singh, R/V- Bikaypur, P.S. Atri, District-Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shivendra Prasad, Advocate.

For the Opposite Party :

Mr. Ramchandra Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 31.07.2018, the informant was going to Gaya on his Bolero vehicle with others of his village and then in the way, petitioner and coaccused Chunnu Singh @ Chunchun Singh stopped his vehicle. Petitioner and co-accused Chunnu Singh @ Chunchun Singh were armed with rifle. It is further alleged that co-accused Chunnu Singh @ Chunchun Singh dragged the informant from the vehicle and Tripurari Singh (petitioner) caught him and further Chunnu Singh @ Chunchun Singh assaulted him with

Patna High Court Cr.Misc. No.76565 of 2018(2) dt.19-12-2018 2/3 butt of rifle on his stomach by which his stomach ruptured. Informant became badly injured and thereafter, petitioner and co-accused Chunnu Singh @ Chunchun Singh by making firing escaped away.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The alleged occurrence is said to have taken place on the eve of election of PACCS. There is case and counter case between the parties. Both sides are said to have sustained injuries. Injury on the said of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands. Allegation of assault is against co-accused Chunnu Singh @ Chunchun Singh. As far as petitioner is concerned, no specific overt act is alleged against this petitioner nor any injury has been caused by this petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks

Patna High Court Cr.Misc. No.76565 of 2018(2) dt.19-12-2018 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- XIII, Gaya, in connection with Atri P.S. Case No. 260 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T