Shyam Sundar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55718 of 2017 Arising Out of PS.Case No. -106 Year- 2015 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Shyam Sundar Singh, Son of Late Udit Singh, resident of Village- Khas Pateda, P.S.- Sarai, District- Vaishali.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Pandey For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sarai P.S. Case no. 106 of 2015, registered under Sections 341, 342, 324, 325, 326 & 379/34 of the Indian Penal Code. The accusation is that Rampeyare Sahni (deceased) was returning to his house after doing his ferry work then in the way, petitioner Shyam Sundar Singh and his son met with him and approached to purchase two empty beer bottles then he replied that he will pay Rs. 4/- for two bottles. In the meantime, Naresh Singh caught hold and caused injury through piece of bamboo (Fatha) and this petitioner caused cut injury through knife at his hand. On raising alarm, the neighbour rushed and he was rushed to the hospital for treatment.

Learned counsel for the petitioner submits that it would

Patna High Court Cr.Misc. No.55718 of 2017 (3) dt.29-11-2017 2/2 appear from the F.I.R. that occurrence is of 18.05.2015 with allegation that petitioner caused injury through knife to the deceased, but in medical examination, three injuries were found two swelling and one abrasion. Further submission is that, in fact, deceased died due to over age on 22.10.2015 and in the Post-mortem report no external injury was found on the person of deceased. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM-XIII, Hazipur, Vaishali in connection with Sarai P.S. Case No. 106 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T