Allowed

Sudam Singh v. The State of Bihar

Patna HC7 Mar 2024CR. MISC./13979/2024

Case brief

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What is this about?

Petitioner sought anticipatory bail in a case of alleged mob assault on police freeing apprehended accused, alleging his implication was general and omnibus as a mere onlooker residing nearby. Court granted anticipatory bail subject to Cr.P.C. Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted; bonds of Rs.10,000 with two sureties upon surrender/arrest within six weeks, subject to Section 438(2) Cr.P.C. conditions.

Sudam Singh Vs The State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13979 of 2024

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Arising Out of PS. Case No.-336 Year-2023 Thana- GOGRI District- Khagaria

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======================================================

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Sudam Singh son of Chhotelal Singh R/o vill - Chhoti Maira, P.S. - Gogri (Paura), Distt. - Khagara

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Amar Kumar Singh For the Opposite Party/s : Mr.Syed Ehteshamuddin ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 07-03-2024

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 148, 149, 341, 342, 323, 332, 324, 188, 333, 353, 427, and 504 and Sections 37 and 45 of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that on information, he reached the place of occurrence where Amod in a drunken condition was apprehended along with Vikas and when the police was taking them to the police station, when it is alleged that a mob gathered and tried to free the apprehended accused person and thus assaulted the police person.

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Patna High Court CR. MISC. No.13979 of 2024(2) dt.07-03-2024 2/2

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4. It is next submitted that the allegation against the petitioner is general and omnibus in nature. It is also submitted that since petitioner resides near the place of occurrence, as such he had also gone there to witness the occurrence and came to be implicated.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gogri (Paura) P.S. Case No. 336 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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SUMIT/-

Sudam Singh v. The State of Bihar

Case brief

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Sudam Singh v. The State of Bihar

Case brief

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