Shubham @ Diwakar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40547 of 2023 Arising Out of PS. Case No.-168 Year-2022 Thana- MADHAURAH District- Saran ====================================================== Shubham @ Diwakar Singh S/O Kalpnath Singh R/O Village- Vishunpur Jagdish, PS. Marhaurah, Dist. - Saran.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shekhar Harshvardhan, Adv.

For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Marhaura P.S. Case No. 168 of 2022 registered on 17.03.2022 lodged under Sections 147, 149, 341, 323, 324, 504, 506 and 307 of the I.P.C.

4. As per the prosecution case, F.I.R. has been lodged against 6 named accused persons and 3 unknown accused persons including the present petitioner. It has been stated in the F.I.R. that petitioner repeatedly attacked on the head of the informant, due to which bleeding started and informant was brutally injured and when the son and daughter-in-law of the

Patna High Court CR. MISC. No.40547 of 2023(2) dt.12-07-2023 2/3 informant intervened then they were also assaulted by the accused persons and injury took place.

5. Counsel for the petitioner submits that petitioner and informant reside in the same village and from the place and date of occurrence case and counter case have been filed bearing Marhaura P.S. Case No. 168 of 2022 which was filed by the petitioner's side and Marhaura P.S. Case No. 163 of 2022 which was filed by the informant's side.

6. Counsel further submits that petitioner is innocent and injury caused in the said F.I.R. is simple in nature. He further submits that petitioner is in custody since 08.04.2023 having 3 criminal cases pending against him, in which he is on bail. Charge-sheet has already been filed in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran, Chapra in connection with Marhaura P.S. Case No. 168 of 2022, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.40547 of 2023(2) dt.12-07-2023 3/3 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U