The High Court of Patna granted anticipatory bail to the petitioner, a neighbor falsely implicated in a lathi/iron rod assault case, considering the delayed FIR and lack of injury nature opinion.
Petitioner shall be released on anticipatory bail on furnishing Rs. 10,000/ with two sureties each within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23027 of 2020
Arising Out of PS. Case No.-127 Year-2016 Thana- MUSRIGHRARI District- Samastipur
======================================================
BIPIN DAS S/o Ramsagar Das Resident of Village- Murgiyachak, Fatehpur, P.S.- Musrigharari, Distt- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Ms. Aprajita, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh No. 13, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 08-12-2020 Heard Ms. Aprajita, learned counsel for the
petitioner and Mr. Ashok Kumar Singh No. 13, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends arrest in connection with Musrigharari P.S. Case No. 127 of 2016 registered for the offences punishable under Sections 323, 341, 379 and 307 of the Indian Penal Code, 1860.
The allegation as per the First Information Report is that the petitioner assaulted the informant by means of iron rod on his head along with other co-accused persons.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute and both the parties are neighbours. Learned counsel
Patna High Court CR. MISC. No.23027 of 2020(4) dt.08-12-2020 2/3
further submits that the date of occurrence is of 18.06.2016, but the complaint which has been converted into First Information Report has been lodged on 7.11.2016. Learned counsel also submits that other co-accused persons have been granted anticipatory bail by learned court below by the same impugned order.
Learned counsel for the State referring to the case diary submits that the injury report of the victim is available on the record, but the Doctor has examined the informant (victim) on 23.06.216 and has found the injury on the head of the victim and he has not given his opinion regarding nature of injury.
Having heard learned counsel for the parties and taking into consideration the materials on record, the fact that the informant (victim) was examined after five days of the date of occurrence and the Doctor has not given about the nature of injury as well as both the parties are neighbours having land dispute between them, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.23027 of 2020(4) dt.08-12-2020 3/3
amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Distt. Samastipur, in connection with Musrigharari P.S. Case No. 127 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving offences under Sections 323, 341, 379 and 307 of the Indian Penal Code.
1 provisions across 1 enactments
Bipin Das
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
