Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36160 of 2020 Arising Out of PS. Case No.-71 Year-2020 Thana- NOKHA District- Rohtas ====================================================== SURAJ KUMAR, son of Late Kamlesh Singh, resident of Village-Rupipur P.S.Nokha (Dharmpura O.P.), District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 30.04.2020 in connection with Nokha P.S.Case No. 71 of 2020 for the alleged offences under Sections 147, 148, 149, 341, 323, 307, 427, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with the alleged assault on the informant with fists and slaps and firing of five cartridges on the shutter of the shop. It is submitted that the allegations of firing is general and omnibus in nature and no specific assault has been attributed to the petitioner. No injury has been caused to

Patna High Court CR. MISC. No.36160 of 2020(4) dt.12-02-2021 2/2 the informant, nor any recovery has been made from the possession of the petitioner. The petitioner has already suffered more than nine months in custody, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 30.04.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Vivek Kumar Singh, ACJM, Sasaram, Rohtas in connection with Nokha P.S.Case No. 71 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T