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Patna High CourtCR. MISC./39255/2016disposed

Sudarshan Singh And ORS v. The State Of Bihar

2016-09-17Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39255 of 2016 Arising Out of PS.Case No. -23 Year- 2016 Thana -KUCHILA District- BHABHUA (KAIMUR) ======================================================

1. Sudarshan Singh son of Vijay Bahadur Singh

2. Pintu Kumar son of Sudarshan Singh

3. Mantu Singh son of Sudarshan Singh All resident of Village- Tapovan (Kota), P.S.- Kuchhila, DistrictKaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Adv. For the Informant : Mr. Santosh Kumar, Adv. For the State : Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-09-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking bail in connection with Kuchhila P.S. Case No. 23 of 2016 registered for offences under sections 147, 148, 149, 342, 323, 307/34 of the Indian Penal Code.

There is a direct allegation against the petitioner no.1 who has caused injury by sharp cutting weapon. The nature of injury has been mentioned in paragraph no.4 of the order of the trial court rejecting bail. So far petitioner nos. 2 & 3 are concerned, there is no direct allegation against them.

Patna High Court Cr.Misc. No.39255 of 2016 (2) dt.17-09-2016 In that view of the matter, looking to the facts and circumstances of the case, let the petitioner nos. 2 & 3, namely, Pintu Kumar and Mantu Singh be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kuchhila P.S. Case No. 23 of 2016.

Looking to the direct allegation of assault against the petitioner no.1, this Court is not inclined to grant bail to the petitioner no.1. Accordingly, the prayer for bail of the petitioner no.1, namely, Sudarshan Singh is rejected with a liberty to renew his prayer for bail after one year of his judicial custody. (Shivaji Pandey, J) Rishi/- U T