Subodh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23112 of 2024 Arising Out of PS. Case No.-8 Year-2021 Thana- SARSI District- Purnia ====================================================== Subodh Singh Son of Late Ramashish Singh Resident of Village- Masuriya (Rajpur Tola), Banali, Police Station- Sarsi, District- Purnia ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Jha, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 504, 506 and 34 of the IPC in connection with Sarsi P.S. Case No.08 of 2021.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and informant alleges that his son along with his son and daughter had gone on his motorcycle for a ride around their agricultural field and when they reached at the place of occurrence, it is alleged that petitioner was sitting in his mill shop whereas Bhanu Pratap along with co-accused Rana Pratap @ Bhaggu hit the son of the informant with a sharp edge weapon on account of which he sustained injury on his neck. It is next alleged that petitioner hit
Patna High Court CR. MISC. No.23112 of 2024(3) dt.26-07-2024 2/3 on leg of the informant's grand daughter by lathi with an intention to kill on account of which her leg got fractured. Thereafter, on hearing alarm, the informant reached the place of occurrence and the victim were taken to the hospital.
4. The learned counsel submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant does not disclose the reason for the occurrence. It is also submitted no doubt son of the informant is alleged to have been assaulted by sharp edged weapon, causing injury on his neck, but then allegation of assaulting his son is on Bhanu and Rana Pratap, as far as this petitioner is concerned he is alleged to have assaulted his grand daughter by lathi on leg, causing fracture.
5. It is next submitted that from perusal of the injury report it would manifest that the injury suffered by the grand daughter of the informant is simple in nature and the injury report does not record about any fracture injury. It is thus submitted that this amply demonstrates that petitioner never had any intention of committing a serious occurrence.
6. The learned APP opposes the anticipatory bail application.
7. Considering the submissions made by the learned
Patna High Court CR. MISC. No.23112 of 2024(3) dt.26-07-2024 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Purnea in connection with Sarsi P.S. Case No.08 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T