Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40068 of 2020 Arising Out of PS. Case No.-151 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== SUSHIL KUMAR, S/o Late Ram Pragas Sah, R/o Village- Rajbara, P.S.- Sonbarsa, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2021 Heard Mr. Krishna Prasad Singh, learned senior Counsel for the petitioner and Mr. Shailendra Kumar Singh, learned Additional Public Prosecutor for the State. This application, for grant of regular bail, arises out of Sonbarsa Police Station Case No. 151 of 2020, disclosing offences under Sections 341, 323, 324, 504, 506, 307/34 of the Indian Penal Code.

The allegation, as per the First Information Report is that the petitioner has allegedly assaulted the son of the informant on his head by menas of Talbar. Learned counsel for the petitioner submits that both the parties are co-villagers and scuffle between them has

Patna High Court CR. MISC. No.40068 of 2020(2) dt.08-02-2021 2/3 taken place on trivial issue on throwing fish water on the body of the informant. Learned counsel next submits that there is case and counter case between the parties inasmuch as Sonbarsa P.S. Case No.152 of 2020 has been lodged by the petitioner against the side of prosecution for an incident which has taken place on the same date and time. Learned counsel referring to injury report of victim, Sujit Kumar, submits that all the injuries have been found to be simple in nature except one injury caused by sharp cutting object, which according to doctor, is dangerous to life. Learned counsel next submits that petitioner is in custody since 17.08.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that both the parties are co-villagers and there is case and counter case between them and all the injuries upon the victim have been found to be simple in nature except one and petitioner is in custody since 17.08.2020, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Sushil Kumar, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.40068 of 2020(2) dt.08-02-2021 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa Police Station Case No. 151 of 2020.

(Anil Kumar Sinha, J.) sanjeev/- U T