Keshav Singh @ Arsh Anand @ Keshav Kumar ... vs The State Of Bihar on 15 February, 2019

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Patna High Court - Orders

Keshav Singh @ Arsh Anand @ Keshav Kumar ... vs The State Of Bihar on 15 February, 2019

Bench: Rajeev Ranjan Prasad

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.8236 of 2019
                        Arising Out of PS. Case No.-779 Year-2018 Thana- ARARIA District- Araria
                 ======================================================
                 KESHAV SINGH @ ARSH ANAND @ KESHAV KUMAR SINGH aged
                 about 20 years, Son of Alok Kumar Singh Resident of Hanumat Nagar, Ward
                 No. 15, P.S & District Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhijeet Gautam
                 For the Opposite Party/s :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                       ORAL ORDER

2   15-02-2019

Heard learned counsel for the petitioner, no one appears for the State.

Petitioner is seeking anticipatory bail in connection with Araria P.S. Case No. 779 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 447, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is a case and counter case. This petitioner is a student having no criminal antecedent, however, the allegation against the petitioner and one Shivam Mishra is that they had assaulted the informant with sharp cutting weapon. However, it is pointed out that from the injury report it would appear that only one lacerated wound over the head has been found which is simple Patna High Court Cr.Misc. No.8236 of 2019(2) dt.15-02-2019 2/3 in nature and which is said to have been caused by a hard blunt substance.

Learned counsel, therefore, submits that there are allegations of assault by a sharp cutting weapon that to against two persons but only one injury has been found and the same has been caused by a hard blunt substance, therefore, prima- facie the allegations against the petitioner is false and he has been falsely implicated in this case.

In the given facts and circumstances of the case, where it appears that the petitioner is a student and has no criminal antecedent and there are allegations of assault by a sharp cutting weapon against two accused but only one injury on head has been found which is simple in nature which has been caused by hard blunt substance, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Araria in connection with Araria P.S. Case No. 779 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today Patna High Court Cr.Misc. No.8236 of 2019(2) dt.15-02-2019 3/3 and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) R.R.Ojha/-

U      T

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Patna High Court - Orders