Oral order dismissing the second petitioner's application as infructuous due to arrest and granting bail to the first petitioner in a criminal dispute involving grievous hurt and threats.
Application dismissed as withdrawn against petitioner no. 2; bail granted to petitioner no. 1 on bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21177 of 2022
Arising Out of PS. Case No.-28 Year-2022 Thana- BARUN District- Aurangabad
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s: Mr. J.N.Thakur, APP For the informant Mr. B.B.Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 02-08-2022
Learned counsel for the petitioners is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
At the outset, learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail application, petitioner no.2 has been arrested and, as such, the same has become infructuous. He, therefore, seeks permission to withdraw this application as against petitioner no.2.
In view of the aforesaid submission, the application is dismissed as withdrawn as having become infructuous as against petitioner no.2.
Petitioner no. 1 apprehends his arrest for the offences
Patna High Court CR. MISC. No.21177 of 2022(2) dt.02-08-2022 2/3
alleged under Sections 307, 323, 324, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Barun P.S.Case No. 28 of 2022.
As per allegation, at the occasion of panchyat election, some altercation took place between the brother of the informant and co-accused Guddu Singh @ Amit Singh. In the evening, the accused persons came to darwaza of the informant and Guddu Singh @ Amit Singh fired from his pistol on the informant and he sustained injuries in his right thigh. He became unconscious. There is allegation against petitioner no.1 that he was threatening the informant.
The learned counsel for the petitioners has submitted that there is no allegation against petitioner no.1 of firing. Only allegation against him is that he was abusing and threatening the informant. The allegation of firing is against co-accused Guddu Singh @ Amit Singh. He has submitted further that there is case and counter case and members of the defense side have also sustained injuries.
On the other hand, learned counsel for the informant has submitted that petitioner no.1 has two criminal antecedents, to which the learned counsel for the petitioners submits that those are of minor Sections i.e. Sections 323, 341324, 504 and
Patna High Court CR. MISC. No.21177 of 2022(2) dt.02-08-2022 3/3
506 of the Indian Penal Code.
Considering the fact that petitioner no.1 is not the assailant, there is case and counter case and members of the defense side have also sustained injuries, let petitioner no.1 above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 CJM, Aurangabad in connection with Barun P.S.Case No. 28 of 2022, subject to the conditions as laid down under Section 438(2) Cr. P.C.
Office shall ensure that all the defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U T
2 issues framed by the court
Whether the application for anticipatory bail against petitioner no. 2 should be maintained after his arrest.
Whether petitioner no. 1 is entitled to bail pending the investigation in the case of Section 307 and other IPC offences.
1 provisions across 1 enactments
Ajit Singh @ Ajit Kumar Singh
Deva Singh @ Dewa Singh
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
