Sudhanshu Singh @ Sudhanshu Kumar Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1647 of 2016 Arising Out of PS.Case No. -165 Year- 2015 Thana -HATHUA District- GOPALGANJ ======================================================
1. Sudhanshu Singh @ Sudhanshu Kumar Singh
2. Mirgendra Singh @ Mirgendra Kumar Singh
3. Pintu Singh @ Pintu Kumar Singh All are sons of Daroga Singh
4. Daroga Singh Son of Late Nageshwar Singh All are residents of Village - Sohagpur, P.S. - Hathua, District - Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.
The prosecution case is that on protest being made for fixing the electric poll on the middle of the road, in front of the house of the informant, petitioner no. 1, Sudhanshu Singh @ Sudhanshu Kumar Singh assaulted with farsha, causing injury on the right hand finger of the informant and the second assault made by him, caused injury on his left hand. Thereafter, petitioner no.3, Pintu
Patna High Court Cr.Misc. No.1647 of 2016 (2) dt.13-01-2016 Singh @ Pintu Kumar Singh assaulted with lathi on the head of the informant. It is alleged that the chain of the informant was snatched by petitioner no. 4, Daroga Singh, whereas petitioner no. 2, Mirgendra Singh @ Mirgendra Kumar snatched Rs. 1,000/- from the informant. It is submitted by the learned counsel for the petitioners that there was dispute with regard to fixing of the electric poll. There is counter version of the occurrence. Petitioners' sides have also received injuries. Though the informant has received seven injuries, out of which one injury on the index finger has been found to be grievous. Though Sudhanshu Singh @ Sudhanshu Kumar Singh alleged to have caused injury on the hand.
He made assault by farsha on the finger of the informant, but the said injury has been caused by hard and blunt substance, but it seems that Sudhanshu Singh @ Sudhanshu Kumar Singh has repeated the blow. Let the learned court below consider the prayer for regular bail of the petitioner no.1 namely Sudhanshu Singh @ Sudhanshu Kumar Singh, if he surrenders before the learned court below within a period of six weeks from today in connection with Hathuwa P.S. Case No. 165 of 2015, pending in the court of learned Sri Abhisek Kumar, J.M., Ist Class, Gopalganj.
So far as petitioner no. 3 is concerned, he made assaulted on the head, but only tenderness and swelling has
Patna High Court Cr.Misc. No.1647 of 2016 (2) dt.13-01-2016 been found. Accusation of assault has not been made against petitioner no. 2 and 4, let the above named petitioner nos. 2, 3 and 4 be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Sri Abhisek Kumar, J.M., Ist Class, Gopalganj in connection with Hathuwa P.S. Case No. 165 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T