Babu Saheb Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55906 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Babu Saheb Singh, Son of Late Sito Singh, Resident of Chhoti Simraha, P.S.- Bahadurpur Alauli, Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Anuj Kumar, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Alauli P.S. Case No. 32 of 2023 registered for the offences punishable under Sections 341, 323, 379, 427, 307, 354(B), 504, 506/34 of the Indian Penal Code.
3. Allegedly the petitioner assaulted the informant by means of Iron rod, causing serious head injuries. Further allegation has been levelled against the other accused persons.
4. Learned counsel appearing on behalf of the petitioner submits that there is a counter version of the present case, being Alauli P.S. Case No. 31 of 2023, instituted by the petitioner against the informant and others, moreover, the injury
Patna High Court CR. MISC. No.55906 of 2023(3) dt.20-09-2023 2/3 which is alleged to have sustained by the informant, the same is found to be simple in nature. In support of the aforesaid submission, injury report has been brought on record, by way of Annexure-2. He next submits that the petitioner is a man of fair antecedent and moreover on account of dispute, a free fight took place wherein the persons of both sides sustained injury, however, the prosecution has failed to explain the injury sustained to the petitioner and his persons.
5. On the other hand, learned APP for the State opposes the bail application and submits that specific allegation has been levelled against the petitioner.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of injury and the case and counter case, coupled with the fair antecedent, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, 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 learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 32 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further
Patna High Court CR. MISC. No.55906 of 2023(3) dt.20-09-2023 3/3 condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T