Allowed¶19

Sudhir Kumar @Sudhir Singh v. The State of Bihar

Patna HC7 Mar 2024CR. MISC./81507/2023

Case brief

AI extract

What is this about?

Anticipatory bail granted; Patna High Court; Justice Khatim Reza; CR. MISC. No.81507 of 2023; decision 07-03-2024; Aurangabad district; Fesar P.S. Case No. 113 of 2023 (counter-case Fesar P.S. Case No. 112 of 2023 by Buchi Devi); IPC Sections 341, 323, 324, 307, 379, 504, 506, 34; assault with gadasa and iron rod; Section 438(2) Cr.P.C.; bail bond Rs. 10,000 with two sureties; surrender within six weeks; petitioners without criminal antecedents.

What did the court decide?

Anticipatory bail to both petitioners in connection with Fesar P.S. Case No. 113 of 2023, effective upon arrest/surrender within six weeks, on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to conditions under Section 438(2) Cr.P.C. ¶19

Sudhir Kumar @Sudhir Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioners, who apprehend arrest in connection with Fesar P.S. Case No. 113 of 2023, are entitled to anticipatory bail.

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Court's answer

Upon arrest or surrender within six weeks, in connection with Fesar P.S. Case No. 113 of 2023, the petitioners shall be released on anticipatory bail.

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Ratio / Principle

The anticipatory bail is conditioned on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Detailed headnote1 paragraphs

Patna High Court (Justice Khatim Reza, oral order dated 07-03-2024, CR. MISC. No.81507 of 2023) allowed anticipatory bail to brothers Sudhir Kumar @Sudhir Singh and Neeraj Kumar Singh @Neeraj Singh, who apprehend arrest in Fesar P.S. Case No. 113 of 2023 (dated 15.06.2023), registered for offences under Sections 341, 323, 324, 307, 379, 504, 506 and 34 IPC, wherein petitioner no. 1 is alleged to have assaulted the informant with a gadasa and petitioner no. 2 Bablu Singh with an iron rod on the head, causing grievous injuries. Counsel pleaded false implication, a counter-case (Fesar P.S. Case No. 112 of 2023 lodged by Buchi Devi against the informant's side), injury reports not supporting prosecution and reportedly simple injuries, and absence of criminal antecedents; the APP opposed. Bail ordered on arrest/surrender within six weeks on bonds of Rs. 10,000/- each with two like sureties each, to the satisfaction of the CJM, Aurangabad, subject to Section 438(2) Cr.P.C. conditions.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81507 of 2023

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Arising Out of PS. Case No.-113 Year-2023 Thana- FESHAR District- Aurangabad

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

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

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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

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

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3 07-03-2024

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Heard learned counsel for the petitioners and learned A.P.P. for the State.

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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.

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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.

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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

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Patna High Court CR. MISC. No.81507 of 2023(3) dt.07-03-2024 2/2

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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.

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

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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.

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(Khatim Reza, J)

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sankalp/- U T

Sudhir Kumar @Sudhir Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sudhir Kumar @Sudhir Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Parties & counsel

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