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Patna High CourtCR. MISC./11550/2020allowed

Sudhir Singh v. The State Of Bihar

2020-03-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11550 of 2020 Arising Out of PS. Case No.-622 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== SUDHIR SINGH Son of Rajeshwar Singh @ Rajesh Singh Resident of Village - Musepur, P.S.- Jehanabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 622 of 2019 for the offence under Sections 364, 323, 324, 307 of the Indian Penal Code. Later on Section 302 and 120(B) of the Indian Penal Code has been added.

Learned counsel for the petitioner submits that no one has seen the occurrence. The informant in his fardbeyan narrated that his son accompanied Bikesh Yadav and Makai Yadav and in the night he learnt that his son was badly assaulted and lying in a ditch. He also learnt that the police has taken his injured son to Jehanabad hospital and when he reached Jehanabad hospital, he learnt that his son was brutally assaulted by Sanjiv Kumar Sudhir Singh (petitioner) and Sanjay Yadav. Learned counsel for the petitioner further submits that the informant has not disclosed in the fardbeyan, from whom he

Patna High Court CR. MISC. No.11550 of 2020(2) dt.04-03-2020 2/2 gathered this information that this petitioner and others were involved in brutal assault of his son. Even he has not mentioned that his son or Bikesh Yadav and Makai Yadav with whom the son of the informant accompanied disclosed about the participation of this petitioner in the commission of crime. Considering the fact that except suspicion, there is no other material to connect the petitioner in the commission of crime, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S.

Case No. 622 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall co-operate in the investigation or in any manner he tries to tamper with the evidence, the Court below shall be at liberty to cancel the bail bonds of the petitioner.

(Anil Kumar Upadhyay, J) uday/- U T