Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2335 of 2021 Arising Out of PS. Case No.-51 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

SANTOSH KUMAR SINGH SON OF KESHAV PRASAD SINGH RESIDENT OF VILLAGE -MAHATATI P.S. JAGDISHPUR DISTTBHOJPUR 2.

VINOD KUMAR SINGH SON OF KESHAV PRASAD SINGH RESIDENT OF VILLAGE- MAHATATI, P.S - JAGDISHPUR, DISTTBHOJPUR ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Ram Anurag Singh Mr. Dineshwar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2021 As prayed for, let the learned counsel appearing for the petitioners remove the defect(s), as pointed out by the office vide its notes dated 06.01.2021, within four weeks of starting of Court proceeding in physical mode in normal course. Learned counsel appearing on behalf of the petitioners seeks permission to withdraw the application filed on behalf of the petitioner No.1, namely, Santosh Kumar Singh as he has already been apprehended by the Police.

In view of the above, the application filed on behalf of the petitioner No.1, namely, Santosh Kumar Singh is dismissed as withdrawn.

Patna High Court CR. MISC. No.2335 of 2021(2) dt.16-09-2021 2/3 Heard learned counsel for the petitioner No.2 Vinod Kumar Singh and the learned A.P.P. for the State through video conferencing.

The petitioner No.2 Vinod Kumar Singh apprehends his arrest in connection with Jagdishpur P.S. Case no. 51 of 2020, registered under Section 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code. The accusation is that three persons named in the F.I.R., including the petitioner No.2 Vinod Kumar Singh, armed with weapons, came at the door of the informant Pramod Kumar Singh and started abusing to the mother of informant. On hearing noise, the informant along with his brother Ashok Kumar Singh came out from the house then Santosh Kumar Singh caused injury through Farsa at the head of Ashok Kumar Singh, brother of informant, who fell down on the ground. Thereafter, Vinod Kumar Singh (Petitioner No.2) caused injury through sword at the head of informant and Keshav Prasad Singh caused injury through lathi at the head of informant. At that time, petitioner No.2 Vinod Kumar Singh also snatched chain from the neck of mother of the informant. Learned counsel for the petitioner No.2 Vinod Kumar Singh submits that while the allegation has been made

Patna High Court CR. MISC. No.2335 of 2021(2) dt.16-09-2021 3/3 against petitioner No.2 to cause injury through sword and thereafter, Keshav Prasad Singh caused injury to the informant, but injuries as found on the person of informant is said to be caused by hard and blunt substance not by sharp cutting weapon like sword. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the petitioner No.2 Vinod Kumar Singh be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 51 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T