Sudhir Kumar @Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81507 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- FESHAR District- Aurangabad ====================================================== 1.

Sudhir Kumar @SUDHIR Singh Son Of Jagat Singh Resident Of VillageParasdih, Rajoi, P.S.- Fesar, District- Aurangabad (BIHAR) 2.

Neeraj Kumar Singh @NEERAJ Singh Son Of Jagat Singh Resident Of Village- Parasdih, Rajoi, P.S.- Fesar, District- Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Fesar P.S. Case No. 113 of 2023, dated 15.06.2023 instituted for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner no. 1 is that he assaulted the informant with gadasa on his head and petitioner no. 2 assaulted Bablu Singh with iron rod on his head due to which they received grievous injuries.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is a case and counter

Patna High Court CR. MISC. No.81507 of 2023(3) dt.07-03-2024 2/2 case between the parties for the same occurrence bearing Fesar P.S. Case No. 112 of 2023 lodged by the sister in-law of the petitioners namely Buchi Devi against the informant's side. It is further stated that injury report of informant and Bablu Singh has not supported the prosecution's case. It is further submitted that the injuries caused to the informant and Bablu Singh are found to be simple in nature. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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 petitioner within a period of six weeks from today, in connection with Fesar P.S. Case No. 113 of 2023, they shall be released on anticipatory 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 Chief Judicial Magistrate, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) sankalp/- U T