Patna High Court
Sadanand Singh vs The State Of Bihar on 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28092 of 2020
Arising Out of PS. Case No.-1097 Year-2019 Thana- SAHARSA District- Saharsa
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1. Sadanand Singh, Male, aged about 60 years, son of Raghuni Singh @
Radhuni Singh,
2. Bibhu Shekhar Singh @ Vibhu Shekhar Singh, Male, aged about 35 years,
son of Sadanand Singh,
Both resident of village- Haripur, P.S.- Sonbarsa, Kachahari, District -
Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the State : Mr. Ram Sumiran Rai, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-01-2021
The matter has been heard via video conferencing.
2. Heard Mr. Amarnath Jha, learned counsel for the
petitioners and Mr. Ram Sumiran Rai, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioners apprehend arrest in connection with
Saharsa Sadar (Sonbarsa Kachahari OP) PS Case No.1097 of
2019 dated 16.12.2019, instituted under Sections 341/323/307
354/504/506/34 of the Indian Penal Code.
4. The allegation against the petitioners is of general
assault and specifically against the petitioner no. 1 with Lathi
and Danda, whereas, against petitioner no. 2 by fists and slaps.
Patna High Court CR. MISC. No.28092 of 2020 dt.25-01-2021
5. Learned counsel for the petitioners submitted that
the parties are close relatives and live next door and there was
some family/property dispute and the injuries are simple in
nature. It was further submitted that the petitioners have no
criminal antecedent and a compromise petition has also been
filed before the Court below.
6. Learned APP submitted that the allegation against
the petitioners is of assault. However, with regard to finding in
the order of the Court below that the injuries are simple in
nature, it is not disputed.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, the petitioners be released on bail upon
furnishing bail bonds of Rs.25,000/- (twenty five thousand) each
with two sureties of the like amount each to the satisfaction of
the Chief Judicial Magistrate, Saharsa, in Saharsa Sadar
(Sonbarsa Kachahari OP) PS Case No.1097 of 2019, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973, and further (i) that one of the bailors
shall be a close relative of the petitioners, (ii) that the petitioners
and the bailors shall execute bond with regard to good
Patna High Court CR. MISC. No.28092 of 2020 dt.25-01-2021
behaviour of the petitioners. Any violation of the terms and
conditions of the bonds shall lead to cancellation of their bail
bonds. Further, the petitioners shall co-operate with the Court.
Failure to cooperate shall also lead to cancellation of their bail
bonds.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
