Suraj Kumar @ Suraj Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35571 of 2024 Arising Out of PS. Case No.-940 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Suraj Kumar @ Suraj Kumar Singh Son Of Raju Kumar Singh Resident Of Village - Khalpura Kamal, Police Station - Muffasil (CHAPRA), District - Saran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Yadav For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.
2. The petitioner apprehend his arrest in a case registered for the offences punishable under Section 302/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner along with other co-accused persons are said to have assaulted the father of the informant by means of lathi, danda, iron rod and daab.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. He further
Patna High Court CR. MISC. No.35571 of 2024(2) dt.26-07-2024 2/2 submits that there is specific allegation against co-accused Subham Kumar Singh, who assaulted the deceased by means of iron rod. He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 14.03.2024 in Cr. Misc. No. 16573 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed prayer for anticipatory bail and submitted that the petitioner is also involved in the present case.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Mufassil (Chapra) P.S. Case No.940 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
devendra/- (Anjani Kumar Sharan, J) U T