Sunil Singh @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24267 of 2020 Arising Out of PS. Case No.-74 Year-2019 Thana- HASPURA District- Aurangabad ====================================================== 1.

SUNIL SINGH @ SUNIL KUMAR Son of Late Rameshwar Singh Residence of Village-Rasulpur, P.S.-Haspura, District-Aurangabad. 2.

Nishant Kumar Son of Chandresh Patel Residence of Village-Rasulpur, P.S.- Haspura, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-09-2020 Heard Mrs. Mukul Kumari, learned counsel for the petitionerd and Dr. Ajeet Kumar, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners apprehend arrest in connection with Haspura P.S. Case No. 74 of 2019 registered for the offence punishable under Section 341 / 323 / 324 / 307 / 379 / 34 of the I.P.C.

The allegation against the petitioners is that petitioner no. 1 assaulted the informant by means of Khanti and petitioner no. 2 assaulted the informant by means of spade on his head. Learned counsel for the petitioners submits that petitioner no. 1 is the own younger brother of the informant and

Patna High Court CR. MISC. No.24267 of 2020(2) dt.29-09-2020 2/3 petitioner no. 2 is the son of the informant. Learned counsel referring to Annexure - 3 to this petition submits that the mother of the petitioner no. 2 has lodged an F.I.R. against the informant being Haspura P.S. Case No. 75 of 2019 alleging therein that the informant assaulted the mother of the petitioner no. 2 and earlier also the mother of the petitioner no. 2 had lodged a case of torture against the father of petitioner no. 2 i.e. informant. Learned counsel referring to Annexure- 2 to this petition submits that all the injuries caused to the informant have been found to be simple in nature.

Having regard to the submissions made by the parties, taking into consideration the materials available on record and the fact that there is case and counter case between the parties, I am inclined to grant anticipatory bail to the petitioners. Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory 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 S.D.J.M. Daudnagar, District - Aurangabad / court concerned in connection with Haspura P.S. Case No. 74 of 2019 , subject to the condition as laid down under Section 438 (2) of the Code Of

Patna High Court CR. MISC. No.24267 of 2020(2) dt.29-09-2020 3/3 Criminal Procedure.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T