Partly allowed

Anuj Singh @ Anuj Kumar Singh v. The State of Bihar

Patna HC1 Jul 2024CR. MISC./14187/2024

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in an FIR alleging assault with iron rod and lathi and snatching of cash. Pre-arrest bail was rejected for petitioner No. 1 as grievous injury was alleged; petitioner No. 2, facing general and omnibus allegations, was granted anticipatory bail subject to CrPC section 438(2) conditions.

What did the court decide?

Anticipatory bail granted to petitioner No. 2 on surrender within six weeks, bond Rs. 10,000 with two sureties; prayer of petitioner No. 1 rejected.

Anuj Singh @ Anuj Kumar Singh Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14187 of 2024

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Arising Out of PS. Case No.-242 Year-2023 Thana- GOPALPUR District- Gopalganj

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======================================================

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1. Anuj Singh @ Anuj Kumar Singh S/o Jagat Narayan Singh @ Jata Singh R/o vill - Dubvaliya, Sonahula Gokhul, P.S. - Gopalpur, Distt. - Gopalganj, Bihar

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Jagatnarayan Singh @ Jata Singh S/o Bachan Singh R/o vill - Dubvaliya, Sonahula Gokhul, P.S. - Gopalpur, Distt. - Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 01-07-2024

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Heard learned counsel for the petitioners and the

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State.

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Petitioners apprehend their arrest in a case registered for the offence punishable under sections341 , 323 , 324, 325 , 307, 379, 504, 506 and 34 of the Indian Penal Code .

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As per F.I.R., petitioner No. 1 abused and assaulted on the nose of the informant by means of iron rod and also snatched Rs. 30 thousand cash from the informant. It is further alleged that when the informant fell down from motorcycle ,

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Patna High Court CR. MISC. No.14187 of 2024(3) dt.01-07-2024 2/3

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petitioner No. 2 assaulted him with lathi due to which he sustained injury .

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It is submitted on behalf of the petitioners that no such occurrence as alleged ever took place rather the informant had fallen from his motorcycle and taking advantage of the same he has lodged the instant false and concocted case against these petitioners. During course of investigation none of the witnesses have supported the case. Allegation of assault is general and omnibus against petitioner No. 2. Injury caused by petitioner No. 2 is simple in nature . Petitioners claim clean antecedent.

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Learned counsel for the State opposed the bail petition and submitted that injury caused by petitioner No. 1 is grievous in nature.

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Considering the fact that injury caused by petitioner No. 1 is grievous, his prayer for pre-arrest bail is rejected.

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Considering the general and omnibus allegation against petitioner No. 2 and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner No. 2 , as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned

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Patna High Court CR. MISC. No.14187 of 2024(3) dt.01-07-2024 3/3

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ACJM- V, Gopalganj in connection with Gopalpur P.S. Case No. 242 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

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(Prabhat Kumar Singh, J)

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Koushik/-

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U T

Anuj Singh @ Anuj Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anuj Singh @ Anuj Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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