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
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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
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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