Sudhir Kumar Singh @ Sudhir Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51330 of 2025

Arising Out of PS. Case No.-61 Year-2025 Thana- ASANWA District- Siwan

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Sudhir Kumar Singh @ Sudhir Singh Son of Brahma Singh @ Vramhananda Singh Resident of village - Pipahariya, P.S.- Asaon, Distt.- Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mrs.Kumari Anupam, Advocate For the Opposite Party/s : Mr.Upendra Kumar, A.P.P. Mr. Javed Aslam, Advocate ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 11-08-2025

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Heard learned senior counsel for the petitioner,

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learned counsel for the informant and learned A.P.P. for the State.

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In the present case, the petitioner seeks bail in connection with Asaon P.S. Case No. 61 of 2025, registered for the offences under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 74, 352, 351(2) of the BNS.

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As per the prosecution case, the petitioner used to harass and tease and informant and on the date of occurrence, the petitioner caught hold of the hand of informant and misbehaved with her. When the informant ran away after getting herself released from the clutches of the petitioner, the petitioner assaulted her with farsa on her hand causing its fracture.

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Patna High Court CR. MISC. No.51330 of 2025(2) dt.11-08-2025 2/4

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Subsequent farsa blow caused injury on left arm of the informant and the petitioner further assaulted the informant on her face and eyes.

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Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No motive or intention was mentioned in the FIR and there is no eye witness. If prosecution story is taken to be true, the only allegation against the petitioner is that he gave farsa blow on the head of the informant but the nature of injury shows a simple injury. Learned senior counsel further submits that the case has been lodged after deliberation and afterthought as for an occurrence of 02.05.2025, FIR has been lodged on 05.05.2025 without any satisfactory explanation. Learned senior counsel further submits that true fact of the case is that informant has taken a loan of Rs.1,20,000/- from the petitioner and when the petitioner demanded return of money, the informant started evading him and making excuses. The informant and her family members brutally assaulted the petitioner and filed the present case to save their skin. Learned senior counsel further submits that, moreover, if there is allegation of making sexual overt act against the petitioner, there was no intention to cause death and

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Patna High Court CR. MISC. No.51330 of 2025(2) dt.11-08-2025 3/4

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therefore, there could be no application of Section 109(1) of the BNS in the present case. Learned senior counsel also points out that the prosecution has failed to explain the injuries suffered by the petitioner. The petitioner is having antecedent of six cases but he is on bail in all the cases The petitioner is in custody since 08.05.2025 and charge sheet has been submitted.

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Learned A.P.P. appearing for the State and learned counsel for the informant oppose the submission made on behalf of the petitioner. Learned counsel for the informant submits that petitioner is a habitual offender and is accused in altogether six cases. The petitioner is not allowing the informant to lead a normal life and always used to harass and misbehave with her.

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Having regard to the fact and circumstances and submission made on behalf of the parties and considering the simple nature of injury of the informant and also considering submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Siwan/concerned court, in connection with Asaon P.S. Case No. 61 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and

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Patna High Court CR. MISC. No.51330 of 2025(2) dt.11-08-2025 4/4

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other following conditions:

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(i) One of the bailors will be a close

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relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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anuradha/-

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U T

Sudhir Kumar Singh @ Sudhir Singh v. The State of Bihar

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Sudhir Kumar Singh @ Sudhir Singh v. The State of Bihar

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