Shyam Sundar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73892 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== 1.

Shyam Sundar Singh S/O Late Antu Singh R/O Village- Ohari, P.SKadirganj, Distt.- Nawada. 2.

Avinash Kumar S/O Late Antu Singh R/O Village- Ohari, P.S- Kadirganj, Distt.- Nawada.

3.

Prince Kumar R/O Village- Ohari, P.S- Kadirganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Davendra Kumar Pandey For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

At the very outset, learned counsel for the petitioners seeks permission to withdraw the prayer for anticipatory bail of the petitioner no. 2.

3.

Permission is granted.

4.

Accordingly, the prayer for anticipatory bail made through the instant application, on behalf of the petitioner no. 2 is dismissed as withdrawn.

5.

Now, the present application is being heard for consideration of bail of the petitioner nos. 1 and 3. 6.

The petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.73892 of 2024(2) dt.26-10-2024 2/3 for the offence punishable u/s 341, 323, 324, 307, 379, 504, 506 and 34 of the IPC.

7.

Allegedly, the petitioners along with other accused persons are said to have assaulted the informant and one Ranjit Kumar with lathi, rod and pistol due to which they sustained injuries. It is further alleged that all accused persons took away his golden chain and ring.

8.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is case and counter case between the parties and both sides have sustained injury. Further, there is land dispute between the parties. Two out of three injuries are found to have been simple in nature caused by hard and blunt substance. Petitioner no. 2 has two criminal antecedent and petitioner nos. 1 and 3 have no criminal antecedent as mentioned in para 3 of the bail application.

9.

Learned APP for the State opposed the prayer for bail. 10.

Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioners, let the above named petitioner nos. 1 and 3, be

Patna High Court CR. MISC. No.73892 of 2024(2) dt.26-10-2024 3/3 released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kadirganj P.S. Case No.85 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) priyanka/- U T