Shashi Singh @ Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13072 of 2023 Arising Out of PS. Case No.-255 Year-2020 Thana- SONEPUR District- Saran ====================================================== 1.

Shashi Singh @ Shashi Bhushan Kumar S/O Jitendra Singh Resident Of Village- Murthan, P.S.- Sonepur, District- Saran At Chapra 2.

Mani Bhushan Singh S/O Late Matukdhari Singh Resident Of VillageMurthan, P.S.- Sonepur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioners apprehend their arrest in connection with Sonepur P.S. Case No. 255 of 2020 registered for the offences punishable under Sections 342, 323, 324, 354B, 504, 506/34 the Indian Penal Cod As per the FIR, while the informant and her husband was on the morning walk, co- accused persons including the petitioner surrounded them and assaulted with lathi and sickle.

Learned counsel for the petitioners submitted that petitioners have falsely been implicated in this case. It is further

Patna High Court CR. MISC. No.13072 of 2023(2) dt.28-04-2023 2/3 submitted that there is no specific over act has been attributed against the petitioner and there is general and omnibus allegation levelled against the petitioners. It is further submitted that allegation against the petitioner is that he assaulted the informant with hard and blunt substance but the impugned order does not contain any injury report. It is further submitted that Title Suit no. 367 of 2013 is pending between the parties. It is further submitted that petitioner no. 1 has clean antecedent but petitioner no. 2 has two criminal antecedents as stated in para-3 of this application.

Considering this fact that there is no specific overt act attributed against the petitioners as well as submission of the parties, let the above named petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in Sonepur P.S. Case No. 255 of 2020, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T

Patna High Court CR. MISC. No.13072 of 2023(2) dt.28-04-2023 3/3