Satrudhan Patel @ Shatrudhan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4820 of 2025 Arising Out of PS. Case No.-257 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Satrudhan Patel @ Shatrudhan Kumar Son of Late Lalbachan Patel Resident of Village - Hanuman Nagar (Pachaharwa), Police Station - Majorganj, District - Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Adv For the Opposite Party/s :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Majorganj P.S. Case No. 257 of 2024 registered for the offences punishable u/s 126(2), 127(2), 115(2), 118(1), 109, 316(2), 318(4), 351(2), 351(3), 3(5) of the B.N.S.
3. As per the prosecution case, on 16.08.2024 at about 10:30 in the night, the informant was sleeping in his house and information was given by one Lalita Devi that there was a snake in her house and when the informant went there, the accused persons, namely, Shatrudhan Patel (petitioner), Pramod Patel and Sanjay Patel attacked on him. It is further alleged that the
2/4 co-accused Aman Patel had assaulted the informant on his head with the butt of the pistol, co-accused Amod Patel assaulted him with an axe on his leg and Satrudhan Patel (petitioner) assaulted him by dabiya near his eye due to which he sustained severe injuries and he was taken to Sadar Hospital from where he was referred to S.K.M.C.H., Muzaffarpur for better treatment.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is general and omnibus allegation against all the accused persons, however, there is specific allegation of assaulting the deceased on his eyes is against the petitioner. It is next submitted that admittedly there was a money dispute between the parties and the occurrence has taken place during the night, therefore, the identification by the informant specifically naming each and every accused persons armed with specific weapons was improbable and concocted. It is lastly submitted that the petitioner has two criminal antecedents and is in custody since 18.08.2024.
5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that there is specific allegation against the petitioner who have assaulted the informant due to
3/4 which he died during the course of treatment and from perusal of the post-mortem report, it is evident that the external finding mentioned in the same states about blacking of eye, multiple bruise over abdomen, waist and back of difference sizes and the cause of death was due to hemorrhage and shock leading CR failure as a result of above noted injury caused by hard and blunt object, hence, he does not deserve the liberty of bail.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner had assaulted the deceased (informant) on his eyes and there is specific allegation against co-accused Amod Patel to have assaulted the deceased on his head and from perusal of the postmortem report it is also evident that the internal finding after opening of the skull shows minimally displaced fracture of frontal process of maxilla on right side with overlying soft tissues swelling and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi, in connection with Majorganj P.S. Case No. 257 of 2024, subject to the following conditions:- (I) One of the bailors will be close relative of the
4/4 petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T