Sunil Singh @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34718 of 2017 Arising Out of PS.Case No. -117 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ======================================================
1. Sunil Singh @ Sunil Kumar S/o Jagat Singh resident of village - Sariswa, P.S. Harsidhi, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Adv. Mr. Kundan Rathore, Adv.
For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody in connection with Mithanpura P.S. Case No. 117 of 2015 for offences punishable under Sections 143, 323, 333, 337, 338, 353, 307 and 120(B) of the Indian Penal Code.
The prosecution case, as lodged by the Superintendent of Sahid Khudiram Bos Central Jail, Muzaffarpur to the Officerin-charge, Muzaffarpur Police Station that on 18.05.2015 at 6.00 am the jail inmates started assaulting the officers on duty in the said jail, resultantly senior in-charge Birendra Kumar Rai received injury.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.34718 of 2017 (2) dt.10-08-2017 2/3 petitioner that there was an attack by a number of jail inmates and as many as 16 jail inmates including the petitioner has been named in the FIR. He submits that the allegations are general and omnibus and the named accused have been granted the privilege of bail by co-ordinate Bench of this Court in Cri. Misc. No. 55217 of 2017 on 11.12.2015 and others have also been granted privilege of bail on similar allegation by other co-ordinate Benches of this Court. He further submits that petitioner has been remanded in the present case on 3.6.2015 and charge-sheet has already been submitted and there is no chance of tampering with the prosecution evidence.
However, learned APP for the State opposes the prayer for bail stating therein that petitioner is a veteran criminal and there are six cases pending against him.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, East Muzaffarpur, in connection with Mithanpura P.S. Case No. 117 of 2015 subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable
Patna High Court Cr.Misc. No.34718 of 2017 (2) dt.10-08-2017 3/3 property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner.
(Nilu Agrawal, J) sushma/- U T