Sudhir Singh @ Gujja Singh @ Sudhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47942 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -ARIYARI District- SEKHPURA ======================================================
1. Sudhir Singh @ Gujja Singh @ Sudhir Kumar Son of Sagar Singh, R/o Village Kemra, P.S. Ariari, District - Sheikhpura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinkar Kumar For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner Shri Dinkar Kumar and learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Ariari P.S. Case No. 89 of 2015 for offences alleged under sections 307, 504/34 of the Indian Penal Code and 27(A) of the Arms Act. .
The prosecution case is that while the informant was returning to his home he saw that buffaloes were grazing the trees which were planted under the scheme of Manrega and when the same was protested by the informant, present petitioner and other persons started abusing. It is further alleged that all the accused persons started firing upon the informant and they ran away after firing and this occurrence has been witnessed by
Patna High Court Cr.Misc. No.47942 of 2015 (2) dt.15-10-2015 2/3 several villagers of the informant. Previously, his father and brother have been murdered. It is further alleged that informant was being attacked with intention to kill. It is further alleged that all the accused persons went to the house of informant and they abused at his house.
It has been submitted by the learned counsel for the petitioner that there is personal enmity between the accused and the informant and informant being Mukhiya of the said village Grampanchayat because of his position has implicated the petitioner. It has further been submitted that no injury has been inflicted on the informant and informant is involved in number of criminal cases.
Be that as it may, let the above named petitioner in the event of his arrest or surrender before the court below within a period of six weeks from today be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheikhpura in Ariari P.S. Case No. 89 of 2015, subject to the conditions laid down under section 438(2) Cr.P.C. It may be mentioned that since the petitioner is earlier involved in two cases bearing Ariari P.S. Case no. 65 of 2000 and Ariari P.S. Case no. 212 of 2002, if the petitioner in
Patna High Court Cr.Misc. No.47942 of 2015 (2) dt.15-10-2015 3/3 future is found to be involved in case of similar nature, the learned court below will be at liberty to cancel the bail bond of the petitioner without being prejudiced with this order. (Nilu Agrawal, J) M.Rahman/- U T