Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82382 of 2023 Arising Out of PS. Case No.-427 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

Sudama Singh Son Of Parichhan Singh Resident Of Village - Bt Bigha, P.S. - Sherghati, District - Gaya 2.

Sachin Kumar Son Of Sudama Singh Resident Of Village - Bt Bigha, P.S. - Sherghati, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashikant, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

02. In the present case, the petitioners are apprehending their arrest in connection with Sherghati P.S. Case No. 427 of 2023, registered on 29.04.2023, for the alleged offence under Sections 341, 325, 504, 307 and 34 of the Indian Penal Code.

03. As per prosecution case, on a minor issue, the petitioners and co-accused assaulted the informant and his family members, causing injury to the informant.

04. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The specific allegation of assault by iron rod is against coaccused Munna Kumar and the allegations against the petitioners

Patna High Court CR. MISC. No.82382 of 2023(2) dt.10-01-2024 2/3 are that of giving fist blow and pressing the neck of the informant, but the injury report does not support these allegations. Learned counsel further submits that the petitioners are aganates of the informant and good sense has prevailed between the parties and a compromise petition has been filed in the court of learned A.C.J.M.-I, Sherghati, Gaya. Even from the facts, it is apparent that there is no intention to cause death of any person.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the absence of injury attributed to the petitioners, let the petitioners above named, in the even of their arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Sherghati, Gaya in connection with Sherghati P.S. Case No. 427 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioners.

Patna High Court CR. MISC. No.82382 of 2023(2) dt.10-01-2024 3/3 (ii) The petitioners will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T