Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24765 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Sudama Singh, S/o Indradeo Singh, vill Karma Kala, P.S. Daudnagar, District Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.4.2016 in connection with Daudnagar P.S. Case No.160 of 2015 for the alleged offences under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as there is case and counter case between the two sides in which the petitioner's son, Chandan Kumar, was killed and for which Daudnagar P.S. Case No.156 of 2015 had been instituted prior to the present F.I.R.

4. Learned A.P.P. refers to paragraph-4 of the case diary whereby the statement of witness Awadhesh Singh has been

Patna High Court Cr.Misc. No.24765 of 2016 (3) dt.21-07-2016 2/2 recorded, according to whom the petitioner had fired upon the informant, Arbind Kumar, injuring him as stated in the FIR. However, he also refers to paragraph-20 of the case diary wherein the statement of the informant Arbind Kumar has been recorded who himself has stated that it was Chandan Kumar, son of the petitioner, who had fired upon him causing injury in his stomach.

4. Having regard to the entirety of the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Daudnagar in the district of Aurangabad in connection with Daudnagar P.S. Case No.160 of 2015, subject to the conditions that one of the bailors will be the close relatives of the petitioner; and the petitioner shall remain physically present on each and every date during trial and in the event of failure to do so on three consecutive dates, without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) N.H./- U T