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Patna High CourtCR. MISC./74896/2022allowed

Sunil Singh v. The State Of Bihar

2023-03-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74896 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== SUNIL SINGH Son of Prem Shankar Singh R/V- Vishunpur Kishundev, P.SSheohar, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Jha, Adv.

For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 384, 427, 504 of the Indian Penal Code.

Allegedly, petitioner is said to have assaulted the informant by means of iron rod. He also took Rs. 7,000/- from the shop of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury sustained by the victim is simple in nature. Petitioner has four criminal antecedents as mentioned

Patna High Court CR. MISC. No.74896 of 2022(2) dt.29-03-2023 2/2 in para-3 of this application.

Learned APP for the State opposed the prayer for bail and submitted that the informant has sustained grievous injury. Considering the facts and circumstances of the case as well as argument of the parties, as the injury sustained by the victim is simple in nature, let the above named petitioner, be released on bail, in the event of his 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) 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 Sheohar P.S. Case No. 294 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Learned Court below is directed to verify whether the injury sustained by the informant is simple or grievous. If the nature of the injury is found grievous in nature, the bail bond of the petitioner shall not be accepted by the learned Court below. (Anjani Kumar Sharan, J) divyanshi/- U T