Sudhir Singh @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40138 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Sudhir Singh @ Sudhir Kumar S/o Pradeep Singh R/o Village- Hasanpur Surat, P.S.- Shahpur Patory, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

Mr. Pravin Kumar, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Shahpur Patory P.S. Case No. 46 of 2025 instituted for the offences under Sections 103(1), 191(2), 190, 126(2), 115(2), 109, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the accused persons including the petitioner is of assaulting the Informant's husband and one Vashisht Singh due to which the informant's husband died in course of his treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.40138 of 2025(4) dt.09-09-2025 2/3 merely on the basis of land dispute between the cousin brother of injured Vashisht Singh and the accused Rambharosh Singh. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. He further submits that not a single independent witnesses has supported the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 30.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the accused persons including the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned

Patna High Court CR. MISC. No.40138 of 2025(4) dt.09-09-2025 3/3 Court in connection with Shahpur Patory P.S. Case No. 46 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T