Subhas Singh @ Subash Singh Kushwaha @ Subhash Kumar Singh Kushwaha @ Subas Kushwahaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85992 of 2023 Arising Out of PS. Case No.-186 Year-2023 Thana- ITARHI District- Buxar ====================================================== 1.
Subhas Singh @ Subash Singh Kushwaha @ Subhash Kumar Singh Kushwaha @ Subas Kushwahaha S/o Ram Chandra Kushwaha R/o vill - Basudhar, P.S. - Itarhi, Distt. - Buxar 2.
Sandeep Kumar Son of Subhas Singh @ Subash Singh Kushwaha @ Subhash Kumar Singh Kushwaha @ Subas Kushwaha R/o vill - Basudhar, P.S. - Itarhi, Distt. - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Setu Prateek, Advocate For the Opposite Party/s :
Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Itarhi P.S. Case No. 186 of 2023 dated 27.07.2023, instituted for the offence punishable under Sections 341, 323, 504, 506, 354(B), 307/34 of the Indian Penal Code.
3. The allegation against the petitioners is that they assaulted the husband of the informant due to which he sustained grievous injury.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.85992 of 2023(2) dt.18-01-2024 2/3 petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is a counter case which has been lodged by the son of the petitioner no. 1 against the informant side bearing Itarhi P.S. Case No. 187 of 2022. It is further submitted that petitioners' side also received grievous injury (annexure-3). Learned counsel further submitted that both the parties are neighbours and co-villagers and the cause of the occurrence is old enmity. It is further stated that as per the injury report, the injuries of Rintu Kushwaha (husband of the informant) are simple in nature caused by hard and blunt substance. 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 Itarhi P.S. Case No. 186 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 Judicial Magistrate Ist. Class, Court No. 14, Buxar,
Patna High Court CR. MISC. No.85992 of 2023(2) dt.18-01-2024 3/3 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T