Sudhanshu Sudhakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20150 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- SUPPI District- Sitamarhi ====================================================== Sudhanshu Sudhakar S/O Anil Kumar Singh R/O Village- Dheng Ward No.-2, P.S- Suppi, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Suppi P.S. Case No. 08 of 2024, instituted for the offences punishable under Sections 341, 323, 325, 353, 504, 34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, petitioner along with co-accused Saurabh Kumar was creating nuisance. During the course of apprehending by the police party, both the accused persons abused and assaulted the police force as a result of which Ram Nath Mahto sustained fractured injury in his hand and on test both the accused persons were found in drunken condition.

Patna High Court CR. MISC. No.20150 of 2024(2) dt.18-03-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submits that it is a case of scuffle in between the police party and petitioner in which accidentally hand of one police personnel got injured. The petitioner is in custody since 09.01.2024 and has got seven criminal antecedents. There is no compliance of Section 100 of Cr.P.C.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released 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 Court below/concerned Court in connection with Suppi P.S. Case No. 08 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.20150 of 2024(2) dt.18-03-2024 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T