Sudam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75407 of 2024 Arising Out of PS. Case No.-58 Year-2024 Thana- SIKANDRA District- Jamui ====================================================== Sudam Kumar Son of Lalkesh Yadav R/O Vill.- Tal Saharsa, P.S.- Sikandra, Dist.- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2024 Heard Mr. Pankaj Kumar Sinha, learned counsel for the Petitioner and Mr. Surendra Prasad Singh, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Sikandra P.S. Case No. 58 of 2024 dated 14.02.2024 registered for the offences punishable under Sections 341, 323, 504, 506, 308 read with Section 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel appearing for the petitioner are that in this matter, three coaccused persons namely, Shiv Kumar Yadav, Lalkesh Yadav, Nitish Kumar and Vijay Yadav have already been granted anticipatory bail by this Court vide order dated 23.10.2024 passed in Cr. Misc. No. 70516 of 2024 and the case of this petitioner stands on better footing as compared to the co-
Patna High Court CR. MISC. No.75407 of 2024(3) dt.22-11-2024 2/3 accused, so far as the allegation is concerned and though the petitioner is named in the F.I.R. but against him there is no specific allegation and in this matter, informant's son and his uncle are said to be the victims and on the person of the informant's son one grievous injury was found by the doctor concerned but the same is specifically attributed to the coaccused, Nitish Kumar and so far as the other victim, Vinay Mahto who has died, is concerned, he was 95 years old and as per his postmortem report, his death was opined to be natural due to diseases of cardiovascular system. It is further submitted that the petitioner has fair and clean antecedent.
4. Learned APP for the State has opposed the prayer for bail of the petitioner.
5. Considering the facts and circumstances of this case as well as above submissions coupled with the nature of the allegation against this petitioner and his fair and clean antecedent, this Court is inclined to accept his prayer for anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.75407 of 2024(3) dt.22-11-2024 3/3 each to the satisfaction of the Court concerned in connection with Sikandra P.S. Case No. 58 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Guddu/- U T