Sahdev Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55779 of 2023 Arising Out of PS. Case No.-57 Year-2022 Thana- KAJRAILI District- Bhagalpur ====================================================== 1.

Sahdev Singh Son Of Late Laungis Singh Resident Of Baddy Goddy, PsKajraili, Dist- Bhagalpur 2.

Gango Singh @ Ganesh Singh Son Of Sahdev Singh Resident Of Baddy Goddy, Ps- Kajraili, Dist- Bhagalpur 3.

Jairam Singh Son Of Sahdev Singh Resident Of Baddy Goddy, Ps- Kajraili, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Adv For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner seeks permission to withdraw the bail application of petitioner no. 2 namely, Gango Singh @ Ganesh Singh.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn as against petitioner no. 2.

5. Now this application survives only for petitioner nos. 1 and 3.

6. The petitioners are apprehending their arrest in a

Patna High Court CR. MISC. No.55779 of 2023(3) dt.14-09-2023 2/3 case registered for the offence punishable under Sections 341, 323, 326, 307, 504, 506 and 34 of the Indian Penal Code.

7. Allegation against the petitioner nos. 1 and 3 is that they assaulted the informant by lathi and Danda causing injury to him.

8. Learned counsel for the petitioners submits that the petitioners are innocent and has been falsely implicated in this case. Petitioners have got no criminal antecedent. He submits that there is general and omnibus allegation levelled against the petitioners. The petitioners were granted benefit of section 41(1) of the Cr.P.C and charge sheet has been submitted under sections 341, 323, 325, 308, 504, 506/34 of the I.P.C but the court below has taken cognizance under section 307 of the Indian Penal Code.

9. Learned APP for the State opposes the prayer for bail.

10. Considering the facts and circumstances of the case, let the above named petitioner no. 1 and 3 in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand)each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.55779 of 2023(3) dt.14-09-2023 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Kajraili P.S. Case No. 57 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) N.K/- U T