Sushil Sao @ Sushil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33655 of 2024 Arising Out of PS. Case No.-650 Year-2023 Thana- JAMUI District- Jamui ====================================================== Sushil Sao @ Sushil Kumar, Male, aged about 32 yrs., son of Awadh Kishore Sao, Resident of Village- Nimarang, P.S.- Jamui, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-09-2024 Heard Mr. Rajesh Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Ajay Kumar Jha, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Jamui P.S. Case No. 650/2023 registered for the offence(s) punishable under Sections 147/149/341/323/325/307/504/506 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioner had assaulted the informant and his family members, as a result of which, they sustained injuries.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. He further submitted that
Patna High Court CR. MISC. No.33655 of 2024(2) dt.20-09-2024 2/3 allegation against the petitioner is general and omnibus. Learned counsel further submitted that the present FIR is subsequent to the F.I.R. lodged by the petitioner's side in respect of allegation under Section 354 B and other Sections which are non-bailable. Learned counsel further submitted that due to alleged immoral conduct of the informant, all the family members of the petitioner had objected in which fierce fight took place and the petitioner in his self-defence might have caused some injury on the body of the informant without any intention. Petitioner has clean antecedent. It is lastly submitted that similarly situated coaccused persons have already been granted bail by this Court vide Annexure P/4.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection with Jamui P.S. Case No. 650/2023, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.33655 of 2024(2) dt.20-09-2024 3/3 438(2) of the Cr.P.C.
(Purnendu Singh, J) Sanjay/- U T