Suraj Kumar Singh @ Suraj Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77587 of 2024 Arising Out of PS. Case No.-252 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Suraj Kumar Singh @ Suraj Singh, S/o Rajesh Kumar Singh, Resident of Village- Shyampur, P.S.- Uchkagaon, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 22-03-2025 Heard Mr. Ranjeet Kumar Pandey, learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Uchkagaon P.S. Case No. 252 of 2024 registered for the offences punishable under Sections 329(3), 126(2), 115(2), 118, 109, 352, 303(2)/3 (5) of the Bharatiya Nyay Sanhita, 2023.
3. Allegedly on the fateful day, while the informant was sitting in a Mango orchard along with his friend Changej Alam, in the meanwhile, all the F.I.R. named accused persons, including the petitioner, on their respective motorcycles came there. It is further alleged that the accused persons asked the
2/4 name of the friend of the informant and when he disclosed his name, all of them started abusing and assaulting. There is specific allegation that the petitioner assaulted the informant Md. Azam over his head by means of a knife, due to which he sustained serious injury. There is further allegation against the co-accused Ajeet Yadav of stabbing the informant on his back with the knife. There is also allegation of snatching the valuables.
4. Learned Advocate for the petitioner drawing the attention of this Court to the injury report has contended that the prosecution story does not corroborate with the injury report, inasmuch, as only two lacerated injuries have been found over the body of Md. Azam, one on the skull and the another on the backside of left spinal region. Referring thereto, it is further contended that there is a least chance that if a person was assaulted by means of sharp cutting weapon, there would be a lacerated injury. Drawing the attention of this Court to the F.I.R., it is thus contended that allegation has been levelled that all the accused persons assaulted the informant and his friend by means of Chair and, in fact, by this way, the injury has been caused, but later on only in order to wreak vengeance against the petitioner, the name of the petitioner has been implicated in
3/4 this case with the specific allegation of causing knife blow. Moreover, the petitioner is a boy of tender age and is a student of B.A. (History) Hons from Kamla Roy College, Gopalganj under J.P. University, Chapra. It is lastly contended that sending the petitioner behind the bar will certainly ruined his career and thus a prayer has been made for sympathetic consideration.
5. On the other hand, learned APP for the State opposes the bail application and submits that there is specific allegation of causing knife blow over the head of the informant.
6. Regard being had to the submissions made on behalf of the parties and considering the nature of injuries, as disclosed in the injury report, coupled with the fact that the petitioner is a student, having fair antecedent, this Court showing a lenient view acceded the prayer for anticipatory bail of the petitioner, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchkagaon P.S. Case No. 252 of 2024, subject to the condition as laid down under Section 438
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(2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T