Sunil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68991 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Sunil Singh Son of Late Suresh Singh Resident of village - Rampur Kharjuriya, P.S.- Dumariyaghat, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dumariyaghat P.S. Case No. 233 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(2), 109(1), 303, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the informant sold fish to the petitioner receiving Rs. 1000/- in advance. When the balance amount was not paid by the petitioner, the informant went to the house of the petitioner. It is further alleged that the petitioner, later on went to the house of the informant, stabbed him twice on his chest taking Rs. 25,000/- from him and when his wife tried to intervene, she was also stabbed by the

Patna High Court CR. MISC. No.68991 of 2025(2) dt.07-10-2025 2/3 petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. There is case and counter case between the parties. It is further submitted that there is delay of eleven days in lodging the FIR and the injuries sustained by the informant and his wife are found to be simple in nature. The petitioner is in custody since 05.05.2025 and has got three criminal antecedents in which he is on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court

Patna High Court CR. MISC. No.68991 of 2025(2) dt.07-10-2025 3/3 in connection with Dumariyaghat P.S. Case No. 233 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T