Sunil Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37535 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- SANDESH District- Bhojpur ====================================================== 1.

SUNIL KUMAR SINGH Son of Late Ramanand Singh Resident of Village - Repura, P.S.- Sandesh, District - Bhojpur.

2.

Sudhir Kumar Son of Late Ramanand Singh Resident of Village - Repura, P.S.- Sandesh, District - Bhojpur.

3.

Amarnath Kumar Son of Ranjay Kumar Resident of Village - Repura, P.S.- Sandesh, District - Bhojpur.

4.

Akhil Kumar Son of Sudhir Kumar Resident of Village - Repura, P.S.- Sandesh, District - Bhojpur.

5.

Basant Kumar Son of Late Ramanand Singh Resident of Village - Repura, P.S.- Sandesh, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners is directed to remove the defects within four weeks.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 147/148/341/323/379/307 of the Indian Penal Code. Allegedly, all the FIR named accused persons including the petitioners have indiscriminately assaulted the informant

Patna High Court CR. MISC. No.37535 of 2022(2) dt.29-09-2022 2/3 and his brother by means of various weapons.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is general and omnibus in nature. The specific overt act is against the coaccused Kunal Kumar and Ranjay Kumar to have assaulted the informant and his brother by means of hard and blunt substance. In the alleged occurrence, both sides have sustained injuries and there is a case and counter-case between the parties. Petitioner nos.2 and 4 have no criminal antecedent while petitioner nos.1, 3 and 5 have one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is case and counter-case between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.37535 of 2022(2) dt.29-09-2022 3/3 pending/Successor Court in connection with Sandesh P.S. Case No.60 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T