Allowed

Sunil Kumar Singh v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./8974/2024

Case brief

AI extract

What is this about?

Regular bail sought under IPC sections including 307 in a Paharpur PS case arising from a land dispute; counsel noted injuries were mostly simple and the grievous injury was on a finger, not the shoulder where the petitioner allegedly assaulted. Bail granted on bonds with conditions.

What did the court decide?

Bail granted on Rs.30,000 bond with two like sureties before ACJM-11, Motihari, subject to Section 437(3) CrPC conditions and additional conditions.

Sunil Kumar Singh Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8974 of 2024

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Arising Out of PS. Case No.-325 Year-2023 Thana- PAHARPUR District- East Champaran

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

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Sunil Kumar Singh S/o- Late Inarman Singh Village- Siswa Kodar Purab Tola Ps- Paharpur Dist- E.Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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2 20-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner seeks regular bail in connection with Paharpur P.S. Case No.325 of 2023, lodged on 13.08.2023, under Sections 341/323/324/325/307/504/506/34 of the Indian Penal Code.

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As per the prosecution, five persons were made accused in this case including the present petitioner. Allegation against the petitioner is that he is order giver as well as assaulted by Dabiya on the right shoulder of the informant.

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Learned counsel for the petitioner submits that the injury report has been submitted. In the injury report there were five injuries caused on the informant. Four injuries are simple and injury No.5 is grievous in nature. The said injury has been

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Patna High Court CR. MISC. No.8974 of 2024(2) dt.20-02-2024 2/3

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caused over the left ring finger, whereas the allegation against the present petitioner is on the shoulder of the informant. Counsel further submits that antecedent of the petitioner is clean. He is in custody since 22.11.2023. Counsel further submits that from the statement made in the FIR, it transpires that the entire dispute has occurred due to land dispute.

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Learned counsel for the State opposes the prayer

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for bail.

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In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-11, Motihari, East Champaran, in connection with Paharpur P.S. Case No.325 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

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(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

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(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

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Patna High Court CR. MISC. No.8974 of 2024(2) dt.20-02-2024 3/3

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dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

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(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance;

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(iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and

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(v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

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(Dr. Anshuman, J)

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Mkr./-

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U T

Sunil Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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