Ram Sajjan Singh @ Sujan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54441 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -ANGARGHAT District- SAMASTIPUR ====================================================== Ram Sajjan Singh @ Sujan Singh Son of late Dhanik Lal Singh Resident of Village:- Rampur Samthu, P.S. Angarghat, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 07.09.2017 in connection with Angarghat P.S. Case No. 55 of 2016 for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 354, 379, 447, 504 and 506 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that while he was sitting in the afternoon at his door, the petitioner along with four others variously armed with sword, garassa, lathi and danda came and started assaulting the informant and his family members. Specific allegation upon the petitioner is that he
Patna High Court Cr.Misc. No.54441 of 2017 (2) dt.14-11-2017 2/3 gave a Hansua blow on one Sunita Devi which injured her hand and also who tried to outrage her modesty.
It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, both parties are agnates and there was a land dispute between both the parties. He submits that a counter case has been filed by the petitioner's side in which allegation is under Section 307 and other allied Sections of the Indian Penal Code and both sides received injury regarding the same occurrence on the same date bearing Angarghat P.S. Case No. 56 of 2016.
However, learned APP for the State opposes the prayer for bail stating therein that although the injury is not on the vital part of the body but the petitioner is named in the F.I.R. 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 Additional Chief Judicial Magistrate-2, Dalsingsarai DistrictSamastipur in connection with Angarghat P.S. Case No. 55 of 2016, subject to the conditions that:
(1) Both bailors would be close relative of the
Patna High Court Cr.Misc. No.54441 of 2017 (2) dt.14-11-2017 3/3 petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.
(Nilu Agrawal, J) Devendra/- U T