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Patna High CourtCR. MISC./38434/2023allowed

Sudhir Kumar Singh @ Sudhir Singh v. The State Of Bihar

2023-08-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38434 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Sudhir Kumar Singh @ Sudhir Singh Son Of Late Janam Singh R/O Village - Nutan Nagar, P.O. - Head Post Office Gaya, P.S. - Civil Lines, Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Learned counsel for the petitioner has filed the supplementary affidavit today in Court.

2. Let it be kept on record.

3. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 420, 467, 468, 471, 456, 427 and 379 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with other accused persons and 20-25 unknown persons came making unlawful assembly and with the help of JCB, they demolished the boundary wall of the government school.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has repaired the damaged boundary wall of the school and he also fixed the school gate on its original place as alleged to have been damaged on the date of

Patna High Court CR. MISC. No.38434 of 2023(3) dt.17-08-2023 2/2 occurrence. He also produced some photos of repaired wall and gate of the school. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Civil Lines P.S. Case No. 257 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. It is made clear that repairing the damaged wall and fixing the gate on its original place will not be treated as the admission of the guilt of the petitioner inasmuch as on the direction of this court, the petitioner has completed this work. devendra/- (Anjani Kumar Sharan, J) U T