Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85590 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- BEN P.S. District- Nalanda ====================================================== Sujit Kumar, aged about 31 years, male, S/o Badri Prasad, Resident of Village/ Mohalla- Madi, P.S.- Ben, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ritesh Kumar, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-06-2020 Heard the counsel for the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Ben P.S. Case No. 64 of 2019, dated 09.05.2019, instituted for the offences under Sections 341, 308, 323, 504 and 506/34 of the Indian Penal Code. A peculiar F.I.R. has been lodged by the informant alleging that he was informed by one of his labourers that the standing crops in his field are on fire. On this
Patna High Court CR. MISC. No.85590 of 2019(3) dt.16-06-2020 2/3 information, the informant claims to have reached his field where the petitioner, his brother and father were also present, who accused the informant of having set fire to his field himself so that the fire would catch the field of the petitioner also and would damage his crops. On protest, the father of the petitioner is said to have assaulted the informant by means of a khanti, an iron weapon. Later, the petitioner and his brother are also said to have assaulted the informant.
It has been pleaded in the bail petition that the mother of the petitioner/Nirmala Devi had lodged a case, viz., Ben P.S. Case No. 65 of 2019 against Sitaram Prasad, who is the informant of this case. The present case is an offshoot of the aforesaid First Information Report. Thus, there is a case and its counter version.
It has also been pleaded that the injuries found on the person of the informant have been opined to be simple in nature.
Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before
Patna High Court CR. MISC. No.85590 of 2019(3) dt.16-06-2020 3/3 the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Ben P.S. Case No. 64 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T