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Raj Kishore Singh vs The State Of Bihar on 11 January, 2019

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

2 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
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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

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