Sidheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7186 of 2016 Arising Out of PS.Case No. -227 Year- 2015 Thana -NOORSARAI District- NALANDA (BIHARSHARIFF) ======================================================

1. Sidheshwar Singh son of late Natho Singh, resident of village Sargaon, P.S. Noorsarai, District Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar For the Opposite Party/s : Mr. Abhay Kumar Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-02-2016 Heard learned counsels for the petitioner, the State and informant.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 341, 323, 324, 326, 307, 504/34 of the Indian Penal Code.

The prosecution case is that when the informant and his son were returning their home after worshiping, three accused persons, including the petitioner, surrounded him and started abusing him and, on protest being made, on the order of coaccused Nirala Singh, co-accused, Sanjay Singh, fired causing injury to the son of informant thereafter it is alleged that petitioner assaulted the son of the informant by Lathi.

It is submitted by the learned counsel for the petitioner that the injury report reflects only one fire arm injury and no

Patna High Court Cr.Misc. No.7186 of 2016 (2) dt.17-02-2016 2/2 injury caused by hard and blunt substance has been found on the son of informant. Statement has been in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is submitted by learned counsel for the informant that the injured was referred to Patna Medical College & Hospital from Sadar Hospital, Biharsharif and, subsequently, he was being treated at Rajeshwar Hospital, Patna but he is not able to suggest that any other injury, except one caused by fire arm, was caused to the son of informant.

Considering the aforesaid facts and the fact that the accusation is not corroborated by medical opinion, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda, Biharsharif in connection with Noorsarai P.S. Case No. 227 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) BKS/- U T