Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42784 of 2021 Arising Out of PS. Case No.-164 Year-2020 Thana- MAKER District- Saran ====================================================== SURAJ KUMAR S/o Surendra Sharma R/o Village- Chandila Pir Maker , P.S. - Maker, District - Saran.
... ... Petitioner/s
Versus
THE STATE OF BIHAR BIhar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anant Kumar Bhaskar Mr. Sanjay Kumar Jha For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard learned counsel for the parties through video conferencing.
Petitioner seeks regular bail in connection with Maker P.S. Case No. 164 of 2020 registered for the offence under Section 341 / 324 / 307 / 34 of the I.P.C.
As per the First Information Report the petitioner along with other accused persons arrived at the door of the informant and started shouting and when the informant came out, the petitioner along with other accused persons stabbed him due to which the informant sustained injuries. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. He further
Patna High Court CR. MISC. No.42784 of 2021(2) dt.02-02-2022 2/3 submits that the fact of the matter is that occurrence has taken place somewhere else in an orchestra but in order to implicate the petitioner and others, the present FIR has been lodged on the basis of a concocted story. He also submits that the coaccused / Dharmendra Mishra having similar allegation have been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 22945 / 2021. Referring to Annexure 3 to the bail application which is injury report of the informant, learned counsel submits that only one sharp cut injury has been found on the person of the informant and the allegation of stabbing is upon four persons. The petitioner is in custody since 1 / 4 / 2021 and charge sheet has already been submitted.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 1 - 4 - 2021, charge sheet has already been submitted, similarly situated accused has been granted bail by this court, petitioner has got no criminal antecedent, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.42784 of 2021(2) dt.02-02-2022 3/3 satisfaction of learned Judicial Magistrate Saran at Chapra in connection with Maker P.S. Case No. 164 of 2020. (Anil Kumar Sinha, J) praful/- U T