Patna High CourtCR. MISC./31679/2017bail granted

Shambhu Singh v. The State Of Bihar

2017-08-19Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.31679 of 2017 (3) dt.19-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31679 of 2017 Arising Out of PS.Case No. -44 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ====================================================== Shambhu Singh Son of Amar Singh, Resident of Village- Sangwadih Charu Tola, P.S.- Gopalpur, District- Gopalganj..... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Indrajeet Bhushan For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 44 of 2017 registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504/34 of the Indian Penal Code.

Allegedly, in the occurrence the petitioner assaulted Pradeep Singh and Ramawati Devi with sword causing injury to them. Ramawati Devi sustained two injuries on her person and both are simple caused by hard blunt substance and Pradeep Singh sustained altogether four injuries and all of them are simple caused by hard blunt substance. Injury no. 1 is on scalp. Submission is of false implication and that no case under Section 307 IPC is made out, there is no allegation to have repeated the sword blow, allegation of theft is super addition and

Patna High Court Cr.Misc. No.31679 of 2017 (3) dt.19-08-2017 that has not been alleged against the petitioner and as such he deserves sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering that both the injured received simple injuries, the petitioner above named, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XI, Gopalganj in connection with Gopalpur P.S. Case No. 44 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T