Sittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9657 of 2025 Arising Out of PS. Case No.-16 Year-2024 Thana- ISUAPUR District- Saran ====================================================== Sittu Singh S/o- Jitendra Kumar Singh Village-Satasi, P.S. - Ishuapur, District-Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the State :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Isuapur P.S. Case No. 16 of 2024, dated 21.01.2024, registered for the offences punishable under Sections 341, 323, 307, 324, 224, 331, 332, 353, 504/34 of the Indian Penal Code.

3. As per allegation, when the informant/police officer went to the house of the accused-petitioner for arresting him, he was assaulted by the petitioner-accused and his family members.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that as a matter of fact when the informant along with other police personnel went to the house

Patna High Court CR. MISC. No.9657 of 2025(2) dt.06-03-2025 2/3 of the accused-petitioner to arrest him, he was not at home and the informant was harassing the family members to produce the petitioner before the police, leading to altercation. He further submits that there is no truth in the allegation of any assault by the accused or his family members and even the alleged injury is simple in nature and hence, no offence under Section 307 is made out.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has five criminal antecedents.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M., 1st Class, Saran at Chapra, in

Patna High Court CR. MISC. No.9657 of 2025(2) dt.06-03-2025 3/3 connection with Isuapur P.S. Case No. 16 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T