Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56317 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- FESHAR District- Aurangabad ====================================================== SUJEET KUMAR, S/o Sanjay Ram, Resident of Village- Dewaria Kala, TolaJatwirganj, P.S.- Feshar, District- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP For the Informant : Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2022 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioner, assisted by Mr. Bhaskar Shankar, Advocate, Mr. Ganesh Prasad Singh, learned APP for the State and Mr. Sanjay Kumar, learned counsel for the informant. The petitioner seeks bail in connection with Fessar P.S. Case No. 28 of 2021 registered under Sections 341, 323, 147, 148, 149, 427, 302, 307, 506 and 504 of the Indian Penal Code.
Learned senior counsel for the petitioner submits that the petitioner is in custody since 28.03.2021, charge-sheet has been submitted and a person with clean antecedent. Learned senior counsel further submits that the informant in the F.I.R. alleges that Rajendra Ram assaulted
Patna High Court CR. MISC. No.56317 of 2021(3) dt.28-02-2022 2/3 father of the informant with Iron rod causing injury, further Upendra Ram and Harendra Ram assaulted Chandan Ram and Hira Lal Ram by Iron rod causing injury on head, when they came to save the father of the informant, further Jitendra Ram brought the father of the informant outside the house and assaulted by Sword on head and he became unconscious and thereafter Vijay Ram and Rajesh Kumar assaulted the father of the informant (deceased) by Lathi, who was taken to hospital for treatment at Sadar Hospital, Aurangabad from where he was referred to PMCH, Patna, further the occurrence took place as Rajendra Ram was asking for vote for his wife, which was objected by the informant on the ground that during election he swipes the voter in a different vote by getting their name deleted.
Learned senior counsel submits that as far as this petitioner is concerned he along with Harendra Ram and Chandan Ram are alelged to have assaulted Manoj Ram and Vikash Ram by iron rod on head. Learned senior counsel submits that the petitioner has been falsely implicated. In the case diary there is no injury report of the injured person and similarly situated co-accused have been granted bail. The learned APP and the learned counsel for the
Patna High Court CR. MISC. No.56317 of 2021(3) dt.28-02-2022 3/3 informant opposes the bail application, but are not able to meet the submissions of the learned senior counsel of the petitioner as recorded hereinabove.
Considering the fact that the petitioner is in custody, charge-sheet has been submitted, is a person with clean antecedent and similarly situated co-accused have been granted bail, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Feshar P.S. Case No. 28 of 2021. (Satyavrat Verma, J) uday/- U T