Suman Singh @ Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42047 of 2014 Arising Out of PS.Case No. -60 Year- 2013 Thana -JURAWNPUR District- VAISHALI(HAJIPUR) ====================================================== Suman Singh @ Suman Kumar son of Kamal Kishore Singh resident of village Pirpur P.S. Jorawanpur District Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri Ji(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

It is the submission on behalf of the petitioner that the petitioner and the informant are co-villagers. The petitioner seeks anticipatory bail in a case registered for the offence punishable under Sections 323, 341, 379, 307, 384/34 of the Indian Penal Code.

As per the prosecution case, petitioner and other coaccused persons armed with weapons went to the shop of the informant and one of the co-accused took out the pistol and demanded Rangdhari from the informant. It is the allegation against the petitioner that he inflicted Farsa blow on the head of the informant with an intention to kill the informant.

Patna High Court Cr.Misc. No.42047 of 2014 (2) dt.04-03-2015 P2/3 Learned counsel for the petitioner further submits that as per the injury report of the informant, the injury has been found to have caused by hard and blunt substance not by Farsa. She further submits that the petitioner has no criminal antecedent and he has been implicated falsely because of the internal village politics. She would further submit that it is highly improbable that being co-villager, the petitioner would enter into the shop of the informant to commit such offence as alleged with his identity apparent.

In view of the submission as above, I am inclined to allow this application.

This application is accordingly allowed.

Let the petitioner Suman Singh, in the event of his arrest / surrender within six weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount, each to the satisfaction of the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur, in connection with Jorawanpur P.S. Case No. 60/13, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Chakradhari Sharan Singh, J.) Saif/- U T

Patna High Court Cr.Misc. No.42047 of 2014 (2) dt.04-03-2015 P3/3