Sunil Kumar @ Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36632 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

SUNIL KUMAR @ SUNIL SINGH S/O Sanehi Singh Resident of Village - Mathurapur, P.S. - Jagdishpur, District - Bhojpur. 2.

Harendra Kumar Singh @ Harendra Singh S/O Girwar Singh Resident of Village - Mathurapur, P.S. - Jagdishpur, District - Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the petitioners and learned APP for the State.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioners are apprehending their arrest in a case registered under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Allegation is that petitioner No.1 assaulted Arvind Kumar by means of garasa on his head and petitioner No.2 assaulted the nephew of the informant, namely, Sanjay Singh by means of sword on his head, due to which they sustained head

Patna High Court CR. MISC. No.36632 of 2021(2) dt.25-05-2022 2/2 injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur at Arrah in connection with Jagdishpu P.S. case No.167 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T