Sunil Singh @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40958 of 2020 Arising Out of PS. Case No.-118 Year-2020 Thana- MAKER District- Saran ====================================================== Sunil Singh @ Sunil Kumar, S/o Sudama Singh, Resident of Village - Fulwaria, P.S. - Maker, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 24-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Maker P.S. Case No. 118 of 2020, registered under Sections 147, 148, 341, 323, 324 and 307 of the Indian Penal Code.

The accusation is that informant, Rajab Ansari, along with Raiyajuddin @ Ajij Miyan was going to Janta Market but in the way, six persons named in the FIR including

Patna High Court CR. MISC. No.40958 of 2020(2) dt.24-07-2021 2/3 the petitioner having lathi, danda and stick in their hands surrounded the informant and Raiyajuddin @ Ajij Miyan started to cause assault to him. At that time, Sunil Singh (petitioner) gave knife blow at the neck of the informant but he turned his neck and sustained injury at his left shoulder. At that time, Akhilesh Singh gave knife blow causing injury at his left thigh.

Learned counsel for the petitioner submits that while there is specific allegation against the petitioner to give knife blow at the shoulder of the informant but the injury, as found on the person of the informant, is at left thigh through knife by Akhilesh Singh, in fact, no sharp cutting injury was found at the shoulder of the informant. Moreover, the injuries, as found on the person of the informant, are simple in nature. Further submission is that petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned Additional Chief Judicial Magistrate-XII, Saran, in connection with Maker P.S.

Patna High Court CR. MISC. No.40958 of 2020(2) dt.24-07-2021 3/3 Case No. 118 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T