Sudhir Kumar Singh @ Sudhir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14826 of 2024 Arising Out of PS. Case No.-238 Year-2023 Thana- AMNAUR District- Saran ====================================================== Sudhir Kumar Singh @ Sudhir Singh S/O Surendar Singh R/O VillageKhoripakar Kharg, P.O And P.S- Amnour, Distt.- Saran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Singh, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Amnour P.S. Case No. 238 of 2023 dated 24.09.2023, instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 21.09.2023, the petitioner along with other named accused persons was erecting shed at the land of the informant. On protest made by the informant, all the accused persons started assaulting the informant and his nephew with iron rod and danda, due to which the informant sustained injury in his left hand finger and his nephew sustained injury in his head. Allegation against the petitioner is that he snatched gold chain
Patna High Court CR. MISC. No.14826 of 2024(3) dt.10-05-2024 2/3 from the neck of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. There is specific allegation against the petitioner that he assaulted the informant with knife causing injury on finger of left hand. It is submitted that there is case and counter case between the parties. On 21.09.2023 when petitioner's uncle and other members of his family were constructing a shed, the informant and other members of his family suddenly attacked upon them with deadly weapon and the informant stabbed Sunil Kumar Singh causing serious injury and on the same day Amnour P.S. Case No. 230 of 2023 was lodged. It is also submitted that similary situated co-accused, namely, Niraj Singh @ Niraj Kumar @ Kumar Niraj has been granted bail vide order dated 24.01.2024 passed in Criminal Miscellaneous No. 17 of 2024 by this Court. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection
Patna High Court CR. MISC. No.14826 of 2024(3) dt.10-05-2024 3/3 with Amnour P.S. Case No. 238 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Saran, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T