Surendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45489 of 2023 Arising Out of PS. Case No.-223 Year-2022 Thana- TILAUTHU District- Rohtas ====================================================== Surendra Singh Son Of Kanhaiya Singh Resident Of Village- Mira Saray, PsTilauthu, Distt- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354, 307, 379, 34of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that they assaulted the informant while she was going to give fodder to her buffalo. It is further alleged that when husband of the informant came to save her then the petitioner also assaulted him by means of iron rod due to which he sustained injury and co-accused also took away golden chain worth Rs. 25,000/- from the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.45489 of 2023(2) dt.28-07-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to passage dispute. As per para-3 of the bail petition the petitioner has got no criminal antecedent. There is case and counter between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that the petitioner is languishing in judicial custody since 27.02.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tilauthu P.S. Case No. 223 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, DehriOn-Sone, Rohtas. (Sunil Kumar Panwar, J) Manishkumar/- U T