Shambhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83271 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Shambhu Singh Son of Late Narayan Singh Resident of Village/ Mohalla - Jataha, P.S.- Phulwariya, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners seeks bail in connection with Phulwariya P.S. Case No. 200 of 2024 instituted for the offences punishable under Section 341, 323, 341, 324, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, F.I.R. has been lodged against three named accused persons including the present petitioner against whom there is an allegation that the informant was sowing maize in the field with his brothers and in the meantime accused persons started abusing and assaulting the informant with the intent to kill.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.83271 of 2024(3) dt.18-01-2025 2/3 petitioner have falsely been implicated in this case. He further submits that he has clean antecedent. He further submitted that both the parties are agnets and land dispute is going on between the informant and the petitioner. He further submits that this case has been filed in counter blast action of Phulwariya P.S. Case No. 199 of 2024 and only to save the skin from this present false prosecution has been lodged implicating the petitioners and his family members. It is next submitted that coaccused has already granted anticipatory bail by this Court in Cr. Misc. No. 81969 of 2024.
5. Learned counsel for the State opposes the prayer for bail of the petitioners
6. From perusal of the materials available on record, it appears that Sections in which the petitioner has been charged are all bailable offences save and except Section 307 of the Indian Penal Code. On perusal of the injury report of the informant Jitendra Singh only one injury has been found which is simple in nature and caused by hard and blunt substance.
7. Considering the aforesaid facts and circumstances of the case and the fact that all injuries are simple in nature and the petitioners have clean antecedent, let the above named petitioners be released on bail in the event of his arrest or
Patna High Court CR. MISC. No.83271 of 2024(3) dt.18-01-2025 3/3 surrender before the trial Court within a period of six weeks from today on furnishing bail bond of Rs 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, XVI, Gopalganj in connection with Phulwariya P.S. Case No. 200 of 2024 subject to the condition laid down under Section 438(2) of Cr.P.C. (Ramesh Chand Malviya, J) Mayank/- U T