Sudhir Singh @ Fani Bhushan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33970 of 2021 Arising Out of PS. Case No.-599 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== 1.
SUDHIR SINGH @ FANI BHUSHAN Son of Late Ram Pukar Singh Resident of Village- Sarasta, P.s.- Naubatpur, District- Patna. 2.
SHAMBHU SINGH @ SHAMBHU KUMAR @ SHAMBHU KUMAR NIRAJ S/o Late Ram Pukar Singh Resident of Village- Sarasta, P.S.- Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-01-2022 Heard Mr. Bimlesh Kumar Pandey, learned Advocate for the petitioners and Mr. Md. Iftekhar Mahmood, learned APP for the State.
The petitioners seek bail in anticipation of their arrest in connection with Naubatpur P.S. Case No. 599 of 2020 dated 26.11.2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307 and 506 of the Indian Penal Code.
Though the accusation in the FIR is that the two brothers of the informant were attempted to be abducted but later with the efforts of one of the brothers, the local villagers arrived when they were also assaulted by the accused persons.
Patna High Court CR. MISC. No.33970 of 2021(2) dt.20-01-2022 2/3 So far as the accusation against the petitioners are concerned, the petitioner no. 1 is said to have given a knife blow in the abdomen of the informant and has also injured another person in his finger. The petitioner no. 2, who is a Government Teacher is not specifically alleged to have done anything.
There is a counter version of the occurrence lodged by the petitioner no. 2. In the aforesaid FIR (counter case), the cause of clash between the parties has also been stated.
There appears to be some dispute over Bataidari over contiguous land belonging to the parties. The injuries suffered by the victims of the subject FIR are simple in nature. The petitioner no. 2 is also said to have been injured in the occurrence. The other accused persons of this case has been granted bail by the court below.
Considering the afore-noted facts and taking into account the clean antecedents of the petitioners as also that the injuries suffered by the victims are simple in nature, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.33970 of 2021(2) dt.20-01-2022 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Danapur, Patna in connection with Naubatpur P.S. Case No. 599 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T