Suman Singh @ Sumit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57312 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- DHANKUND District- Banka ====================================================== 1.

Suman Singh @ Sumit Singh Son of Kapil Singh Resident of village - Mohanpur, P.S.- Dhankund , Distt.- Baka.

2.

Amit Singh Son of Kapil Singh Resident of village - Mohanpur, P.s.- Dhankund , Distt.- Baka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Nath Sinha, Advocate For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-11-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Dhankund P.S. Case No. 85 of 2021 instituted for the offences under Sections 147, 148, 149, 341, 323, 332, 353, 307 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are in custody since 26.07.2021, charge-sheet has been submitted in the case and they have got two criminal cases against them as stated in paragraph 3 and 4 of the bail application.

Learned counsel for the petitioners submits that from

Patna High Court CR. MISC. No.57312 of 2021(6) dt.29-11-2021 2/3 bare perusal of the allegation as alleged in the F.I.R. it would manifest that allegation is that the petitioners along with others assaulted the police when the police had gone to arrest the accused of Dhankund P.S. Case No. 76 of 2020 and Dhankund P.S.Case No. 128 of 2020.

Learned counsel for the petitioners submits that it was the police who assaulted the petitioners and other co-accused persons and thereafter falsely implicated them in the present case. Learned counsel further submits that as far as injuries are concerned, the injuries are simple in nature. Learned A.P.P. for the State fairly submits that injuries are simple but opposes the bail application as the petitioners have assaulted the policemen who had gone to arrest the accused persons.

Considering the fact that the petitioners are in custody since 26.07.2021 and charge-sheet has been submitted in the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Dhankund P.S. Case No. 85 of 2021 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a condition that

Patna High Court CR. MISC. No.57312 of 2021(6) dt.29-11-2021 3/3 one of the bailors shall be the father of the petitioners and further in the event the petitioners, after trial commences, do not appear on two consecutive dates, the learned court below shall proceed to cancel their bail bonds.

(Satyavrat Verma, J) Rishi/- U T