Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5298 of 2021 Arising Out of PS. Case No.-199 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== 1.

Sushil Kumar S/O Nandlal Ram R/O Village Pashiwar, P.S Daraunda (M.H.NAGAR) District Siwan 2.

Sarswati Devi W/O Nandlal Ram R/O Village Pashiwar, P.S Daraunda (M.H.NAGAR) District Siwan 3.

Sri Bhagwan Ram S/O Late Swamy Nath Ram R/O Village Pashiwar, P.S Daraunda (M.H.NAGAR) District Siwan 4.

Sunil Kumar Ram S/O Nandlal Ram R/O Village Pashiwar, P.S Daraunda (M.H.NAGAR) District Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-08-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual mode.

Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. The petitioners are apprehending their arrest in connection with Darounda (M.H. Nagar) P.S. case No.199 of 2020 registered under Sections 341, 323, 307, 374, 504, 506/34 of the Indian Penal Code.

Allegation is that the petitioner No.4 and co-accused

Patna High Court CR. MISC. No.5298 of 2021(2) dt.12-08-2021 2/3 Nandlal Ram assaulted the informant on head, hand and back by means of rod and butt of the gun, due to which he sustained injuries. The petitioners No.1 to 3 assaulted the sister and mother of the informant by means of lathi and danda. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands. The petitioner No.2 is a lady.

On behalf of the State, it is submitted that the petitioners are named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Darounda (M.H. Nagar) P.S. case No.199 of 2020, subject to the conditions as laid down under

Patna High Court CR. MISC. No.5298 of 2021(2) dt.12-08-2021 3/3 Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioners will furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T