Sikindra Purvey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72341 of 2023 Arising Out of PS. Case No.-237 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== 1.
Sikindra Purvey S/O Ramchandra Purvey Resident Of Village- Bhutahi Police Station- Sonbarsa, District- Sitamarhi 2.
Raviraj Kumar @ Ravi Kumar S/O Sikindra Purvey Resident Of VillageBhutahi Police Station- Sonbarsa, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Sonbarsa P.S. Case No. 237 of 2023 dated 25.07.2023, instituted for the offence punishable under Sections 307, 323, 324, 325, 341, 506, 379/34 of the Indian Penal Code.
3. The prosecution case, in short, is that all accused persons named in the F.I.R. have entered into the house of the informant and assaulted him with fighter fist and also inflicted knife blow on his finger and head and also pointed a pistol upon him due to which the informant sustained injuries on his scalp, finger, head etc and also they snatched Rs. 20,000/- from the
Patna High Court CR. MISC. No.72341 of 2023(3) dt.29-02-2024 2/3 informant's possession.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. This case has been lodged by the informant on 25.07.2023 on the basis of written complaint along with injury report, which is part of the F.I.R.. It is submitted that the injury report mentioned in the case diary differs from the injury report which is annexed in the F.I.R.. The injury report mentioned at paragraph 27 of the case diary is as follows:- (i). Multiple stab wound on both hand, back shoulder and front forehead maximum girth in 1x1/2 with on forehead. (ii). Pain and swelling on left shoulder.
(iii). Raccoon eyes The nature of injury mentioned in the said injury report is grievous in nature caused by hard and blunt object. Whereas the injury report annexed to the fardbeyan is as follows:- (i). Sharp cut 2 1⁄2'' / 1⁄4'' on the right side of forehead (ii). Multiple stab wound on both hands It is submitted that on comparison of said two injuries, there is sharp difference between them. It is submitted that the informant is Up-Mukhiya of Gram Panchayat, Bhoothi. The
Patna High Court CR. MISC. No.72341 of 2023(3) dt.29-02-2024 3/3 petitioners are co-villagers. It is also submitted that there is no mention about time and date of occurrence in the said fardbeyan. Lastly, it has been submitted that petitioner no. 1 has one case against him and petitioner no. 2 has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Sonbarsa P.S. Case No. 237 of 2023, they shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist, Sitamarhi, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U T