Sanjay Singh @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24606 of 2016 Arising out of PS.Case No. -337 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ====================================================== Sanjay Singh @ Sanjay Kumar Singh, Son of Ram Lobhit Singh, resident of Village- Gaighat, Police Station- Runnisaidpur, District- Sitamarhi. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate. For the Opposite Party : Md.Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-08-2016 A supplementary affidavit has been filed on behalf of the petitioner. The same may be kept on the record. Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is languishing in custody since 14.03.2016 in connection with Runnisaidpur P.S. Case No. 337 of 2014 for the offences instituted under Sections 147, 148, 149, 323, 324, 307, 379, 427 and 504 of the IPC.

The prosecution story, in brief, is that the petitioner alongwith other accused persons assaulted the informant with Farsa, Lathi and Fatta etc. The petitioner is said to have assaulted the informant's brother Raju Singh by means of Fatha. Coaccused Rajesh Kumar took away the mobile of the informant.

Patna High Court Cr.Misc. No.24606 of 2016 (4) dt.08-08-2016 2/3 Other accused persons also assaulted the informant and his brother with Farsa, Lathi and Fatta etc., and also damaged the tempo of the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.03.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. The petitioner is said to have assaulted to one Raju Singh causing injury no. 1. Later on, the opinion in respect to injury no. 1 has come stating that the nature of injury is simple. Hence, no offence under Section 307 IPC is made out. It is further submitted that the petitioner may be released on bail after completion of seven months in custody from 14.03.2016.

On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.and specific allegation has been made against him for giving Farsa blow on the head of the informant.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of seven months in custody from 14.03.2016 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in

Patna High Court Cr.Misc. No.24606 of 2016 (4) dt.08-08-2016 3/3 connection with Runnisaidpur P.S. Case No. 337 of 2014. U.K./- (Sudhir Singh, J) U T